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Posted by KimJ on January 18, 2001 at 17:19:58:

In Reply to: Re: renewal of lease: kim again posted by duh on January 18, 2001 at 14:48:29:

Listen "duh" (and what a marvelous name for you)

I am posting because I had read in previous posts that people want to actually read what the outcome of a certain situation is. I am merely writing what the outcome is and will continue to do so until it is resolved.

: : Except in stab units, when you add a new person to the lease (not a spouse), then some case law has held that it becomes a "new" lease subject to vacancy increases. Not sure how this would apply to the reduction of the number of tenants on the lease, but it might be the same concept. But even so, even with a vacancy increase, that might not necessarily mean the remaining tenant would have to vacate. Haven't seen a case specifically on point.

: This is the same Kim who refuses to read earlier asked and answered quetions.....
: It has been well settled for decades that every tenant on a stabilized lease is entitled to a renewal lease.


: 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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