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Rent stabilized building without lease

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

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Rent stabilized building without lease

Postby ksl_18 » Sun Mar 24, 2002 3:00 pm

Hi, I live in Astoria Queens in a Rent Stabilized building with 6 or more apartments. I have been living there for 2.5 years but my name was never on the lease. My roommate just moved out and now the landlord wants to increase my rent. The rent was paid directly to the landlord by my roommate and was aware that I was living in the building. Is this legal? Or can I still get the same rent though I have been living here for 2.5 years. My roommate never renewed his lease in the building and had lived here for 6 years- it was automatically renewed for some apparent reason.

Can some one help with this? It would greatly be appreciated. Thank you.

Ken
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Re: Rent stabilized building without lease

Postby <andy> » Sun Mar 24, 2002 8:30 pm

KEN:

Immediately if not sooner rush over and sign a laese.........

as a rent stabilized apartment the landlord is legally entitled to raise the rent 20% on a vacancy or new lease which your will be...

Also there is NO such thing as a month to month rent stabilized lease, it is Illegal!

If the landlord doesnt sign a new lease he cannot charge anymore then the last signed lease...

And if the increase is less then 20% thank him profusely and NEVER screw up by paying the rent late....a rent stabilized lease is GOLD and you should treat it as such!
<andy>
 

Re: Rent stabilized building without lease

Postby Lilly » Mon Mar 25, 2002 3:05 am

Consider yourself fortunate that LL offered you a lease, and in fact offered you the apartment. LL is not obligated to do either of those. Your rent on this new lease, called a vacancy lease, will rise substantially, about 18-20% above what your roommate was paying. I don't know about any guidline increases, but be prepared to pay a lot more.
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Re: Rent stabilized building without lease

Postby TenantNet » Mon Mar 25, 2002 4:35 am

As we mentioned in our reply to your private inquiry, as a roommate you have no tenancy rights - unless the LL has accepted rent from you directly (and that would probably need litigation to establish your tenancy rights). ALthough you have possession and that would make eviction more difficult, your easiest course of action is to accept the regular vacancy increase.
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