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Re: Rights of Second Wife in Stabilized Lease

Posted by Mark Smith on May 21, 1999 at 03:33:58:

In Reply to: Rights of Second Wife in Stabilised Lease posted by Katrina Philips on May 21, 1999 at 01:37:34:

There is absolutely no basis for the landlord's
claim for an increase of almost 150%. If the
landlord were renting the existing apartment,
with no improvements, to a new tenant, the
maximum increase for a two-year lease would be
20% (higher if the apartment had not received a
vacancy allowance for more than eight years).

Furthermore, Rent Stabilization regulations, 9
NYCRR 2522.5(g), require the landlord to add a
spouse to a renewal lease. Your circumstances
are a bit unusual, because the existing lease is
in the name of your husband and his now ex-wife.
Your husband could sign the renewal lease without your name and then file a complaint with DHCR.
Or he could refuse to sign the renewal lease, and when the landlord brings a holdover proceeding,
he could defend on the basis of the landlord's
failure to offer a proper renewal lease in both
his name and your name.

In any event, even without your name on the
lease, you have succession rights as the spouse
of the tenant who signed the lease.

: I have married a tenant in a stabilized
apartment whose lease is still in the name of him and the first wife. I have lived here for one
year. The landlord says that if he changes the
name on the lease then we will be subject to a
massive rent increase as it will be a completely
new lease, so our rent will go up from $700 to
$1700. Is this correct?

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