rent control tenant, roommate's rights

[misbell]

I live in a rent-controlled apt on the upper east side.

The tenant (T) and his brother (B) were both raised here since 1959.

(B) moved out about 20 years ago and recently moved back in after a divorce.

(T)has been hospitalized repeatedly for mental problems. (B) moved back in as much as to care for (B) as for any other reason.

(T)pays no rent and is incapable of holding a job. I pay 1/3 of the rent, therefore, and (B) pays 2/3s.

Lately, (T) has been becoming unruly and has caused problems with our sharing the public spaces of the apartment. He insists that I am "renting a bedroom," though his brother does not agree, nor do I, and has moved several things of mine out of the living room. The apartment was a hellhole when we moved into it, and now, since (B) and I have put a great deal of work into it, it is liveable once again.

So, a few questions.

1. What legal rights do I have to the space in this apartment?

2. What legal rights do I have to stay here? (I've been here a little over a year). What rights does the tenant have to restrict the space, especially since he is paying ZERO rent.

3. Given T's mental history, is it possible for him to give up control of the apartment? Can't we just make it clear that he's not capable of making these decisions for himself? (He tried to throw himself off the roof of the building once, for example).

So why do I want to stay here? 4 bedrooms and 3 baths on Park Avenue, that's why.

[Cranky Tenant]

Never get involved in other people's family issues. As long as the tenant isn't overcharging you, and hasn't locked you out, this s more of a family or roomate dispute that's better resolved among family or roomates.

If your name isn't on the lease you really have very limited rights in this situation. The prime tenant could serve you with an eviction notice and that could be the end of it. Whether or not he's employed or has a history of mental problems really has little to do with it.

[misbell]

Thanks, but this sounds more like a personal opinion about whether or not it's "right" to get involved in other people's familiy's issues. I don't care about that. I care about my ability to protect myself.

If roommates don't have rights, why not?

[misbell]

BTW, there is no lease. It's rent-controlled. They haven't seen a lease in twenty years.