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Adding Roommate As Occupant to 80/20 Lease

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

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Adding Roommate As Occupant to 80/20 Lease

Postby ghostpom12 » Tue Jul 03, 2018 11:39 pm

I'm slated to move into a new 80/20 building have already signed my lease as the only tenant.

I currently live with my sig other -- we are both on the lease -- and I wasn't sure that I'd want to make the move together, so we didn't apply together. But lately, I've been having a change of heart.

If we do decide to live together -- how do I go about it? Can I just add her as an 'occupant' under 235-f or do we need to recertify?

Re: Adding Roommate As Occupant to 80/20 Lease

Postby TenantNet » Wed Jul 04, 2018 1:21 am

I always express caution when it comes to 80/20 buildings ... or those under the 421(a) program. They are not always the same thing. In each case, there might be rules that deviate from the norm, so it's good to check with the agency that administers the program for your building (either DHCR or HPD) and also the building rules and/or agreement with the agency.

You cite NYS Real Property Law 235-f, commonly known as the roommate law, which gives tenants the right to have one additional occupant in addition to his/her family. That is usually pretty clear, but laws always have exceptions, and laws are implemented by rules and regulations of agencies, and interpreted by landlords ... and what they tell you might not be as clear-cut as 235-f.

Assuming it's a go, also consider that having a main squeeze living there will impact the financial make-up of the household. While that could impact one's eligibility for the unit, I don't think it would require a move-out once you have taken occupancy.

I would be careful if your sig other moves in immediately after you move in. That could create problems as they might claim you intended to do this from the get-go and the application was fraudulent. But circumstances happen and people do change their minds, which is why I would research it further before getting yourself into a jam.

A move could also put you in a category for a different type of unit or a different rent. That could happen. Again, do the research. If you really want to be certain, I would consult with a tenant attorney who has experience with these types of buildings.
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