Posted by Anna on August 09, 1999 at 23:56:54:
In Reply to: DEATH OF ROOMMATE -MY NAME NOT ON LEASE posted by Julie Jackson on August 09, 1999 at 12:34:37:
: In the middle of June my roommate collapsed and died in
: front of me. This was so traumatic a situation. I live in
: a 2 bdrm. 2 bath, terrace apt. for $833 - rent stabilized.
: My roommate lived there for 38 years. I have lived there
: for 3 years with tax returns, and I paid checks to her
: for the rent, con-ed, cable. The DHCR says I have at least
: 6 months until I go to court. The building is 5
: NY Hospitals which own the place. The management says
: that the owners are seeking action to prove
: my tenancy --which is fine. DO I HAVE A CHANCE HERE?
38 years? 1961? please double-check: is it rent controlled or rent stabilized?
'owners seeking action to prove my tenancy': usually owners seek action remove you from tenancy, not to help you stay. or did you mean her estate is trying to help you stay?
Unfortunately, a roommate does not have succession rights under either rent control or rent stab; unless you can prove you are one a the listed family members or a significant other (see below).
Otherwise: try to negotiate your own new lease & remember that the vacancy increase will be at least 20% in addition to the annual increase. Read about the Rent Stab basics on TenantNet Home ASAP.
This is the old Rent Stab definition (the current one can be found in the RRR97 on TenantNet; rent regulation reform act of 1997)
Any other person residing with the tenant or permanent
tenant in the housing accommodation as a primary or
principal residence, respectively, who can prove
emotional and financial commitment, and interdependence
between such person and the tenant or permanent tenant.
Although no single factor shall be solely
determinative, evidence which is to be considered in
determining whether such emotional and financial
commitment and interdependence existed, may include
without limitation, such factors as listed below. In no
event would evidence of a sexual relationship between
such persons be required or considered.
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