TenantNet Forum

Where tenants can seek help and help others



Living in 2 states? Primary Residence Ques???

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

Moderator: TenantNet

Living in 2 states? Primary Residence Ques???

Postby Brooklyn Babe » Thu Apr 25, 2002 1:36 pm

Ok, 2 friends want to get an apt. together (rent stable). One will be living there full time, the other is a Dr. who resides/owns house out of state (NJ), but needs a place in the city also, as he works at an NYC hospital and is constantly on call or works late and can't always make the drive. Application is asking if any other real estate owned...
Question: They want the lease in both their names. Anything they should be aware of? Can Dr. get kicked out under "primary residence rule" etc...? Technically, he'll be living in 2 states. Suggestions and help would be appreciated.
The above information is from a non-attorney tenant activist and is not considered or to be used as legal advice.
Brooklyn Babe
 
Posts: 130
Joined: Sat Apr 13, 2002 1:01 am

Re: Living in 2 states? Primary Residence Ques???

Postby Lilly » Thu Apr 25, 2002 8:47 pm

The one who will be living there full time should be the only name on the lease. The Dr. should live there as the others "Roommate". This should take care of the non-primary residence thing as far as the Dr.living there part time is concerned.
Lilly
 
Posts: 251
Joined: Sat Mar 02, 2002 2:01 am
Location: New York City

Re: Living in 2 states? Primary Residence Ques???

Postby consigliere » Fri Apr 26, 2002 10:26 am

Other than the apartment application and the question about other real estate owned, there shouldn't be any problem with the doctor being a party to the lease, as s long as the other signatory to the lease keeps the apartment as a primary residence.
 
DHCR has taken the position that the landlord must issue a renewal lease if only one signer of a lease chooses to renew.
 
And the roommate law allows one roommate (and the roommate's dependent children) to be substituted if one of the parties to a lease moves out, as long as one of the original tenants, or a spouse, uses the apartment as the primary residence.
 
consigliere
 
Posts: 613
Joined: Sun Mar 03, 2002 2:01 am


Return to NYC Rent Regulated Apartments

Who is online

Users browsing this forum: No registered users and 32 guests

cron