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Posted by Katrina Philips on May 21, 1999 at 21:20:46:

In Reply to: Re: Rights of Second Wife in Stabilized Lease posted by Mark Smith on May 21, 1999 at 03:33:58:

Thanks Mark for your help.
Does this mean the best thing to do is simply wait
for the next lease term, which is November 2000, to
change the names on the lease, or inform the landlord
straight away? Will they put the rent up by 20%, or is
it a simple succession case?
When my husband asked to change the lease to just his name
before my arrival, they said the same thing, that there would
be a massive increase.
Thanks so much
Regards
Katrina
: 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?

Follow Ups:

• Re: Rights of Second Wife in Stabilized Lease Mark Smith 5/22/99 (0)
• Re: Rights of Second Wife in Stabilized Lease Will 5/22/99 (0)

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Comments:
: Thanks Mark for your help.
: Does this mean the best thing to do is simply wait 
: for the next lease term, which is November 2000, to 
: change the names on the lease, or inform the landlord
: straight away? Will they put the rent up by 20%, or is
: it a simple succession case?
: When my husband asked to change the lease to just his name
: before my arrival, they said the same thing, that there would
: be a massive increase.
: Thanks so much
: Regards
: Katrina
: : 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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