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Re: Rights of Second Wife in Stabilized Lease

Posted by Mark Smith on May 22, 1999 at 18:03:33:

In Reply to: Re: Rights of Second Wife in Stabilized Lease posted by Katrina Philips on May 21, 1999 at 21:20:46:


The Rent Stabilization Code (RSC), 9 NYCRR 2523.5(d), (e), and (f), allows the tenant to volunteer, and the landlord to ask for, the names of all people living in the apartment at the time of renewal. When the landlord offers the renewal lease (150 to 120 days before the expiration of the current lease), your husband should advise the landlord that he and you, his wife, live in the apartment. He should also ask for that renewal lease in his name and your name. This is neither a vacancy lease nor a succession situation.


: 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

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