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Posted by Joe on April 15, 2000 at 17:31:37:

This one's a bit complicated, so I'd be impressed if anyone could answer...

I (tenant A) am currently living a rent stabilized apartment with one other tenant (tenant B). Our lease which we are considering signing runs from 7/1/00 to 6/30/01. In the year 1999 our combined adjusted income was $177,000. We were under $175,000 in 1998. I understand the rent code to state that two consecutive years of combined income greater than $175,000 was required to destabilize an apartment.

I would like to resign the lease, but with another tenant (tenant C).

I have three questions:

1) Do I still qualify for rent stabilization if tenant C signs the lease with me as of 7/1/00 (he is a student and we would certainly be under the limit)? Put another way: Does a 'new name on the lease' remove the rent stabilization?

2) If the combined income of tenant C and I is below $175,000 for 2000, would our rent remain stabilized at least through 2002?

3) Can the landlord destabilize the rent in mid-lease? I.e., can he start charging us more in January even though our lease runs through June?

Follow Ups:

• Re: Rent Stabilization brenda 04/17/00 (4)
  • I think its an 'or' not an 'and' MikeW 04/17/00 (3)
    • Nope, it's "and" (thank God!) brenda 04/17/00 (2)
      • Re: Nope, it's "and" (thank God!) JV 04/17/00 (1)
        • Re: Nope, it's "and" (thank God!) brenda 04/18/00 (0)

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Comments:
: This one's a bit complicated, so I'd be impressed if anyone could answer...

: I (tenant A) am currently living a rent stabilized apartment with one other tenant (tenant B).  Our lease which we are considering signing runs from 7/1/00 to 6/30/01.  In the year 1999 our combined adjusted income was $177,000.  We were under $175,000 in 1998.  I understand the rent code to state that two consecutive years of combined income greater than $175,000 was required to destabilize an apartment.

: I would like to resign the lease, but with another tenant (tenant C).  

: I have three questions:

: 1) Do I still qualify for rent stabilization if tenant C signs the lease with me as of 7/1/00 (he is a student and we would certainly be under the limit)?  Put another way:  Does a 'new name on the lease' remove the rent stabilization?

: 2) If the combined income of tenant C and I is below $175,000 for 2000, would our rent remain stabilized at least through 2002?

: 3) Can the landlord destabilize the rent in mid-lease?  I.e., can he start charging us more in January even though our lease runs through June?


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