Moderator: TenantNet
by sosuajoe » Sun Oct 08, 2006 6:49 pm
by TenantNet » Sun Oct 08, 2006 6:59 pm
by Aubergine » Sun Oct 08, 2006 10:38 pm
Whether a prospective co-occupant is an immediate family member or not, HPD's M-L rules require the tenant to seek permission for the occupant to join the household.sosuajoe wrote:I live in a [Mitchell L]ama building. Got married same day I signed lease. Wife was never put on lease but can not get a one bedroom without 2 or more people. I moved in in 1997. Moved out for family problems in 2000 was back on and off for 2 1/2 years. Moved back in in 2003 and got seperated. She moved out. Got divorce in 2006. But HPD is saying I sublet to my wife..is this possible? They are trying to evict me. Going back for a forth time on Oct. 12th.. I would think your wife is immediate family. Is she? Yes or no. I refuse to get a lawyer and pay..no reason I think. HPD is saying you can't have marriage problems. I moved out to keep the peace...would have been better to stay and have a dir done by the police..I left to avoid all of that...please advice and help me.
Did you seek permission to add your wife to the household? Did you submit annual income certifications that reported her and her income?28 RCNY 3-02 (o) (2) Admission and eligibility requirements for occupants.
(i) No tenant/cooperator shall permit a person to "co-occupy" the tenant/cooperator's apartment without first obtaining the written approval of the housing company and/or HPD, except as specified in subdivision (p) of this section. Such approval shall be sought by the tenant/cooperator and the proposed occupant, submitting to the housing company through its managing agent the same financial information as is required to be submitted by any tenant/cooperator.
(ii) The housing company and/or HPD may reject any proposed occupant:
(A) For the same reasons that the housing company and/or HPD would reject the application of a person who applies to become a tenant/cooperator of a vacant apartment, provided that no rejection shall be based on the financial ability of a proposed occupant to pay the rent/carrying charge for the apartment if the tenant/cooperator has adequate financial ability to pay such rent/carrying charge; or
(B) when the acceptance of a proposed occupant would result in the apartment being occupied contrary to the occupancy standards for apartments set forth in subdivision (m) of this section; or
(C) when the acceptance of a proposed occupant would result in the apartment being occupied in violation of the income eligibility requirements of the Private Housing Finance Law or these rules, or
(D) when the acceptance of a proposed occupant would violate the income eligibility or other occupancy standards or requirements of any other federal, state or city program applicable to such apartment.
Did the divorce judgment address you and your wife's respective rights to your apartment?(2) No tenant/cooperator shall have the right to sublet without prior written approval of HPD and the housing company, which only shall be given in exceptional circumstances, including, but not limited to, military service. No tenant/cooperator shall have the right to assign his or her lease/occupancy agreement.
(3) No tenant/cooperator may accept any consideration or thing of value from a guest, invitee or other occupant in exchange for occupancy, whether temporary or permanent, unless such person is listed on the application, income affidavit or recertification of the tenant/cooperator and the tenant/cooperator continues to maintain the apartment as his or her primary residence.
(4) It is required that the apartment of the tenant/cooperator be at initial occupancy and continue to be his or her primary place of residence. The facts and circumstances to be considered in determining whether a tenant/cooperator occupies a dwelling unit as his or her primary residence include, but are not limited to, whether such tenant/cooperator
(i) specifies an address other than such dwelling unit as his or her place of residence or domicile in any tax return, motor vehicle registration, driver's license or other document filed with a public agency,
(ii) gives an address other than such dwelling unit as his or her voting address,
(iii) sublets or permits unauthorized persons to occupy the dwelling unit without written approval by HPD and the housing company or attempts to assign such dwelling unit, or
(iv) spent less than an aggregate of one hundred eighty-three days in the preceding calendar year in the City at such dwelling unit (unless such individual is in active service in the armed forces of the United States or took occupancy at such dwelling unit during the preceding calendar year). However, no dwelling unit may be considered the primary residence of the tenant/cooperator unless the tenant/cooperator provides proof that he or she either filed a New York City Resident Income Tax return at the claimed primary residence for the most recent preceding taxable year for which such return should have been filed . . . . The tenant/cooperator whose residency is being questioned will be obligated to provide proof that his or her apartment is his or her primary place of residence, including, but not limited to, certified New York State income tax returns, utility bills, and voter registration data.
by Anna » Sun Oct 08, 2006 11:01 pm
by sosuajoe » Sun Oct 08, 2006 11:49 pm
by sosuajoe » Mon Oct 09, 2006 12:02 am
by Aubergine » Mon Oct 09, 2006 12:39 am
by Anna » Mon Oct 09, 2006 8:41 am
by Aubergine » Sun Oct 15, 2006 11:14 am
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