Posted by New York Tenant on July 06, 2001 at 08:16:37:
In Reply to: My long-lost roommate, psycho super & indiferent LL posted by Gina on July 05, 2001 at 12:49:01:
You have a right to a renewal lease in your name and in the the name of your now-departed co-tenant. Check back through the E-Mail of the Week (although it isn't weekly any more) on the Rent Guidelines Board website, http://www.housingnyc.com/questions/emailweek.html, where this issue has been addressed.
If you want only your name on the lease, you would probably be subject to a vacancy increase. You also have the right to have a roommate, whether the lease is in your name only, or in your name and the name of your now-departed co-tenant.
Your now-departed co-tenant is legally obligated to you for half the rent and other charges for the remainder of the most recent renewal lease that she signed.
File complaints with DHCR about your name not being on its records and not being on the rent bill, about the actions of the landlord's attorneys, and the conduct of the super.
Check your lease about attorneys' fees. If you would have had to go to court to defend against the landlord's false charges, most likely the landlord would have been liable for your attorneys' fees.
You and your roomate may have to escalate this beyond the DHCR level, especially if the super's actions cause you to lose you a roommate. Your gay roommate could probably file complaints with the NYPD and with several human rights agencies because of the super's conduct. If none of this works, you might have to hire a lawyer to sue the landlord and the super, and the landlord would probably be liable for your attorneys' fees.
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