Dear Forum Braintrust,
Thank you for reviewing my situation. I live in a rent-stabilized apartment in New York. I originally moved in as a roommate. After about six months or so my roommate, the lease-holder, moved back to his home country. Initially he thought he would just be gone a year and asked me to pay the rent while he was gone. However after a year he decided to never return. After that, I just kept living on the premises and paying the rent - in his name - and nearly seven years have passed. At times I have needed to have roommates, and at times I have lived alone. Currently I live alone.
Recently the management company became aware that I am not the actual leaseholder. They now have sent a 10-day notice to cure. However I have nothing to cure because I'm not the leaseholder. That's the pickle. I've openly told that I'd like to attempt to legitimize the situation and sign a lease, and I've even openly acknowledged and accepted that there would likely be a rent increase. Yet, instead of taking steps to move forward with me and communicate, they are refusing to accept rent from me and continue to take the next legal step - the current one being this ten-day notice.
I'd like to know what my rights are. I'm not disputing anything with them per se. But this has been my home for 7 years and I'd like to stay, sign a lease, accept a reasonable increase (someone told me that in situations like this they can only raise it about 20%, is that correct?), and continue being a good tenant. But I'm confused why they are not cooperating with me when I'm so amenable to cooperating with them. Other than the obvious, maximizing their rent. But still, a 20% increase and maintaining continuity seems like a better deal than going after market rate (btw, a 20% increase would bring us fairly close to market rate, maybe only $200-$300 a month below) but having to go through the legal processes, absorbing at least a month of no rent and the expense of readying the apartment for new tenants.
I feel the best and easiest solution for both us would be for them to recognize me as a tenant and make it official, but so far they refuse to do so.
If my main goal is to be able to continue living here, how do you recommend I proceed and what are my rights?
Thank you.