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Re: There really are not any stupid questions...

Posted by duh on January 18, 2001 at 14:48:34:

In Reply to: There really are not any stupid questions... posted by Kimmy on January 18, 2001 at 09:17:49:

: I agree with you completely, I have posted a couple of times and I out of all the answers I have gotten 5% of it helped me, and 95% of it was just plain rudeness. I have never encountered a forum with that allowed so many obnoxious replies, but let this not dissuade you from the 5% that actually do try to help you, and I thank them for it.

: Kimmy.

Your math is as good as your reading skills.

Dear Sir or Madam:

You wrote:

I have a rent stabilized apartment with my roommate. Both of us are on the lease. My roommate is moving out.

(1) Can I keep the lease in my name only WITHOUT getting the vacancy increase of 20%?

(2) Can I have a new roommate?

RGB: Yes and yes.

According to the NYS Division of Housing and Community Renewal (DHCR), the state agency that administers the rent laws, at 212-961-8930 or 718-739-6400, if you have a rent stabilized apartment, the persons named on the lease have a right to a renewal lease. If one named co-tenant chooses to move out, the other remaining named co-tenant has the right to:

(1) continue receiving renewal leases (increased by the RENEWAL increase) in their name only WITHOUT a vacancy increase;

(2) have a new roommate who is not on the lease.

If you wish to add the new occupant's name to the lease, the owner may charge the vacancy increase.

The roommate who is moving out should write a letter to the owner stating she is moving out and provide the date.

The existing roommate is entitled to receive a renewal lease with no vacancy increase, as long as the lease is in her name only and she does not request to add anyone else's name.

You may wish to contact DHCR for further information on how to proceed.

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