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Landlord Demands Info on Roommate??

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Landlord Demands Info on Roommate??

Postby nyclifer » Wed Jun 27, 2018 1:26 pm

I'm a rent-stabilized tenant and I got a roommate about a year ago. I just received a letter from my landlord asking for the name of the roommate and a copy of her ID and proof of the rent I am charging her. What are my rights in this situation? What do I have to disclose? Thanks for the help.
nyclifer
 
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Re: Landlord Demands Info on Roommate??

Postby TenantNet » Wed Jun 27, 2018 2:10 pm

I believe you have to give the LL the name of the person, but not anything else. However you should know that with one tenant and one roommate you may not charge more than 50% of the rent charged to you. Anything more than that could get you hit with an overcharge complaint and even the LL could seek to have you evicted.

But I do not believe you have to tell the LL what the rent to the roommate is. If you are overcharging the roommate, you should rectify that and pay back any overcharges ASAP.

See New York City Housing Maintenance Code (Administrative Code of the City of New York) § 27-2075 (c):

c. On written demand by the department, or by the owner when he or she rents a dwelling unit or any time thereafter, the tenant shall submit an affidavit setting forth the names and relationship of all occupants residing within the dwelling unit and the ages of any minors. In the event of an increase in the number of occupants, the tenant shall advise the owner and, if the owner so demands in writing, the tenant shall submit an affidavit, setting forth the pertinent information regarding such increase in occupancy.


See also Rent Stabilization Code (9 NYCRR) § 2523.5 (e):

(e) On a form prescribed or a facsimile of such form approved by the DHCR, a tenant may, at any time, advise the owner, or an owner may request from the tenant at any time, but no more often than once in any twelve months, the names of all persons other than the tenant who are residing in the housing accommodation, and the following information pertaining to such persons:

(1) if the person is a "family member" as defined in subdivision (o) of section 2520.6 of this Title; and

(2) if the person is, or upon the passage of the applicable minimum period of required residency, may become a person entitled to be named as a tenant on a renewal lease pursuant to subdivision (b)(1) of this section, and the date of the commencement of such person's primary residence with the tenant; and

(3) if the person is a "senior citizen" or a "disabled person" as defined in section 2520.6(p) of this Title, and subdivision (b)(4) of this section.

Failure of the tenant to provide such information to the owner, regardless of whether the owner requests the information, shall place upon all such persons not so made known to the owner, who seek to exercise the right to be named as a tenant on a renewal lease as provided for in subdivision (b) of this section, the affirmative obligation to establish such right.


Also understand that unlike a sublet, the LL cannot disapprove of the roommate for any reason. That is your decision as long as the number of roommates do not exceed what is permitted (usually one tenant permits one roommate).
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Re: Landlord Demands Info on Roommate??

Postby nyclifer » Wed Jun 27, 2018 2:57 pm

OK. Thanks.
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Location: NYC


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