Tenants Directory Changes

[Sally]

We live in a rent stablised apartment for 5 years and are month to month tenants, because our landlord has refused to offer a proper lease.

I have recently married and have written to the landlord asking that my previous name be changed to my newly married name.

The landlord has asked for written asking for proof of our marriage which was sent to him. He refused to recognise the document claiming that it lacked a raised seal. It happens that none is needed. The landlord has further advised us that only when we have paid the back rent due (based upon his computation should we have had an on going proper lease) and the signing of a new lease, well he provide a new name plate.

As current tenants are we entitled by law to have a new name plate on the building directory.

[lappert]

If you live in a RS unit, you are not month-to-month. Understand that right away. You and your spouse are entitled to have both your names on the lease. Whatever the legalities are in order to change a name, if you've done that, then the LL must put you and your spouse on. If he refuses to, then don't pay additional rent until you get a proper lease -- and don't pay back increases. Increases don't go into effect until you get offered a proper lease. As for name on the front of the building, see what the Post Office says about that. But if you end up in court, that can be resolved as well.

[Sally]

Thank you for your informative and quick response which now leads me to ask the following question.

If our lease expired and we have been living here without a lease renewal for 3 years then what would you call our occupancy? Does this mean we have limited rights or do we enjoy the same rights as if we have a proper lease.

Our landlord has offered lease renewals to us but they have not been timely or correct in that the rider has been changed.

[Cranky Tenant]

Even if your lease expired three years ago you still have all the rights of a rent stabilized tenant. However, your Landlord is not entitled to any increses until he gives you a proper lease renewal... and the renewal must be according to the same terms as the original.

I'd suggest contacting DHCR and filing a Lease Renewal Violations complaint.