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Re: Help! Need advice on letting family have my rental apt.

Posted by Mark Smith on February 27, 1999 at 13:27:44:

In Reply to: Re: Help! Need advice on letting family have my rental apt. posted by Will on February 27, 1999 at 09:37:24:

The roomate law [Real Property Law 235-f] applies to all apartments -- not just to rent stabilized apartments. If you want to get out of your lease and your building has four or more apartments, you can request permission to assign the lease to your sister [Real Property Law 226-b]. The landlord could accept that, but I doubt it. If the landlord unreaonably refuses the assignment, you can cancel the lease on 30-days notice. A court would have to determine what is unreasonable.

If your sister and her friend want to sublet from you [also Real Property Law 226-b], even beyond the end of your current lease, but for no more than two years, the landlord may not unreasonably withhold consent. What is unreasonable would be decided by housing court if you sublet without the landlord's permission.

But if your sister wants to succeed you in a rent regulated apartment, she would have to live with you in the apartment for at least two years before you move out. If your sister is disabled or is 62 years old or older, she would have to live with you for only one year. It appears that your sister could move in, under the terms of the lease, and her friend could also move in, under the roommate law.

: First with rent stabilized apartments you can have anybody living with you. They just don't have legal right to the lease. As for family members they have to be brothers, sisters, mom, dad, children, or life partners who can prove emotional and financial interdependence and need to living with you in the apartment at least two years.
: For your sister I suggest you try to have her added to the lease. Then she would be able to bring in a roomate legally.

: Any lease clause for a stabilized apartment the tells you can't have a roommate or limits the number of people in the apartment to ILLEGAL. Its not enforcable.

: Also by law you're allowed to sublease with the landlord. You can try to sublease to your sister as well. If the landlord turns down a reasonable sublease request (good credientials, credit history) then you're entitled to give 30 day notice to break the lease AND get security back.

: Read about all this on this site.....area call tenant information.

: Will
: :I am in the middle of a two-year lease in a rent-stabilized building where I have been for 6 years. The lease says I may not sublet, but that I can allow immediate family to live there.

: : I would like to let my sister (and her friend) move in when I move out. I plan to collect money from them each month and send the landlord myself.

: : However, my sister's friend is concerned that this arrangement is illegal. And frankly, so am I.

: : Are they going to have to pretend to be lesbian lovers? Or do I have a case?

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