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Rent Stabilized Adding Occupants

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

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Rent Stabilized Adding Occupants

Postby liliala » Mon Oct 17, 2022 2:29 pm

My parents just started living in this rent stabilized apartment this year but I have been helping them pay the rent and stuff since they are unable to use the computer as well as I do. Going forward, I am thinking about moving out of my apartment with my roommate because of some personal conflicts. I was thinking if I should move in with my parents and add my name under occupants but there are a few concerns... Also the building is very nice and modern so there are many facilities I would be interested in taking advantage of if I could live there. It would also be more convenient to travel for work.

1 - A big concern is whether or not it will be approved because it is a studio so maybe the management may think 3 people would be too many?
2 - Would the rent increase due to adding me as occupant since that would be extra income on top of my parents?
3 - They have preferential rent because my dad is a senior citizen but if we take him off the lease, would that cause the rent to increase when we renew it?
4 - If my parents decide to move out after 3 years, I would be interested in taking over the lease through succession rights, would there be a lot of complications with that?

Any advice or help would be appreciated, thank you.
liliala
 
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Re: Rent Stabilized Adding Occupants

Postby TenantNet » Tue Oct 18, 2022 3:43 am

** REVISED **

I can't imagine living with my parents in a 1-room studio (even if I was still 18), but each to his/her own.

Helping to pay the rent? Does that mean checks written to the LL are in your name? If so, does the LL accept them? That could be a problem as LLs will think accepting rent in your name would make you a prime tenant.

If from an account in your parents name, then that's not a problem.

As for your moving, you don't state your age, but that might not matter. You would be a family member, not an occupant per se. Occupants are like roommates. Look up section 235-f of the NYS Real Property Law. We have that on this site, but also see https://sekamoving.com/blog/new-york-ro ... abilities/

The only requirement is that the prime tenant (your parent) tell the LL about your living there, but in reality, that's only if they ask. (getting a key is a different matter, and maybe access to some of the amenities). But yes, children of prime tenant can live in a RS unit. The LL might object, but you can stand up to him/her and explain the law.

The only restriction is with the NYC Housing Maintenance Code that limits the number of people for a certain amount of square feet. You don't want 20 people all living in a 100 SF studio even if they are all children. I don't think 3 people would be considered too many.

1. You don't have to be approved. You have a right to stay there. (certain programs like Section 8 might differ on that, and your income would be considered household income when considering certain eligibility.

2. There are no rent increases for RS units based on number of inhabitants, but again, some programs might have eligibility requirements.

3. There are no preferential rents any more (well, sort of). If you had a PR prior to 2019, increases are built on that level for the length of the tenancy. LL's can no longer revoke the PR rent or jack the rent back up to the prior legal rent.

The say because he's a senior. Might you mean SCRIE? That's based on household income (including yours), if you are living there. And they can't take him off the lease (but your statement is ambiguous and we have no idea what you are talking about - we're guessing you meant SCRIE).

4. Succession might be available. You have to be there two years prior to their leaving, one year if disabled or over 62 (and this is RS only). Succession can be complicated. Look closely at the DHCR documents on this, and best to consult with a tenant attorney, and perhaps submit the succession form to DHCR ahead of time. But move in first.
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