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Need to find a particular law, help!

NYC Housing Court Practice/Procedures

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Need to find a particular law, help!

Postby Purgen » Sat Feb 04, 2006 10:09 pm

Hello, help me out please.

I am looking to move into a bigger apartment within my building. I have heard there is a law which states that the Landlord must add me to a list of people that are "in line" for a bigger apartment. Furthermore the Landlord must contact me if a bigger apartment becomes available (provided I'm first on that list), before renting it out to a new tenant. If anyone knows the exact wording of that law, and its number, please post it.
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Re: Need to find a particular law, help!

Postby NYHawk » Sat Feb 04, 2006 10:27 pm

there is no such law
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Re: Need to find a particular law, help!

Postby Purgen » Sun Feb 05, 2006 12:54 am

I heard of it on the radio actually, but I missed the exact name.
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Re: Need to find a particular law, help!

Postby Anna » Sun Feb 05, 2006 11:33 am

You must specify what type of regulation your bldg is under. 'waiting lists' suggests Mitchell-Lama or NYCHA; insiders whose family size has increased do sometimes go to the head of the list for larger apts.
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Re: Need to find a particular law, help!

Postby Purgen » Sun Feb 05, 2006 2:08 pm

Our family size did increase though. That's why we need a bigger apt in the first place. I'm not sure about the regulation... I know for sure it's not a private building. I'll try to find that out.
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Re: Need to find a particular law, help!

Postby Emeraldstar » Sun Feb 05, 2006 6:09 pm

A shared story: neighbor in RS bld. 1 br. had asked for years for a lgr. apt. due to increase of 2 kids. A 3 bdr. became avail and the neighbor was friends with vacating tenant so knew about before LL. Super INSISTED there was a wait list. Since the neighbor had asked for yrs. they wanted to see where their name was upon the list and a documented response as to the turndown requested directly from LL. List did not appear and neighbor was issued the apt. since their income qualified.
Point: At least in this bld. there appears to be no list and rentals hing upon the whims of the super and appaling "key money", the rumors are $3,000 - #5,000, which I'm happy to say did not get paid.
Send your request directly to LL RRR and ask for a witten response at least if there is a "list" you'll know and where your place is. Remember after increases you have to income qualify.
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Re: Need to find a particular law, help!

Postby TenantNet » Sun Feb 05, 2006 8:55 pm

You need to be precise here. There is no law as to minimum income in order to "qualify" for a RS apartment. The only legal qualification for a RS apt is that you are a natural person in that you have legal capaicty to enter into a lease. I presume that means over 18 (but Hawco correct me if I'm wrong on that). There is no minimum income, nature of employment or other items to "qualify" for a RS unit. Of course, one one gets in it has to be their primary residence.

Now, if a LL wants to establish his/her own guidelines as to whom to rent, they can consider income, ability to pay, etc. They cannot consider items that would fall under the Fair Housing laws, i.e., race, gender, etc.

There are other types of housing where income is embodied in the laws, i.e., NYCHA, Section 8, etc.
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Re: Need to find a particular law, help!

Postby Emeraldstar » Tue Feb 07, 2006 12:13 am

In the building I was referring to the LL does ask for your W2 and runs a credit check.
Thanks for the clarity. I was not aware this was at the discretion of LL.
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