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Postby seekinghelp » Mon May 13, 2013 7:02 pm

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.
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Postby TenantNet » Mon May 13, 2013 7:51 pm

You are in a pickle. If you had paid rent - and if the LL had accepted rent - paid in your name, you would have the argument that the LL accepted your tenancy.

I am curious as to how the lease was renewed if the prime tenant was gone to some foreign country?

In situations of illegal sublets, or non-prime residency, the LL would issue the Notice to Cure. Of course remember that the case would be brought against the prime tenant and should also list any "John Doe," -- you. So to even appear in a case, you would be the John Doe.

Any increase would likely be more than 20% and include the increase for the longevity of the previous tenant and any improvements they might wish to make (and the rent increases for those improvements).

What you really need to do is consult with a tenant attorney who can assess the case (we can only offer general observations here). Some tenant attorneys are pretty good at negotiating with landlords, where tenants who are on their own will get nowhere.
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Postby Emeraldstar » Mon May 13, 2013 8:26 pm

Hi All
Based upon what I've learned the LL would have to evict the primary tenant/leaseholder before the apt. is legally available. Unless your ex roomie returns within the 10days. Read up on non primary residence topics here. It's a very serious situation and you may want to consult with an atty on how the possiable eviction will affect you.
After all that is done if by chance the LL addresses your request then be aware you will be a potential tenant subject to a credit & income check You will have to pass some kind of formula LL's use to determine ability to pay the rent. I suspect all this hinges on if the LL wants to remodel & get even larger increases for doing so.
A vacancy increase ends up to be more than 20% when considering other factors. Read DHCR Fact Sheet #5

http://www.housingnyc.com/html/resources/dhcrfact.html

Since TN posted before I did just know I agree :wink:
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Postby TenantNet » Mon May 13, 2013 9:51 pm

ES,

The LL issued a Notice to Cure, which indicates they might bring an illegal sublet case, not a non-primary case. (for the illegal sublet, they need to list all "John Doe's" as parties, I doubt they need to implead the Doe's for a non-primary). In any case, a non-rimary does not get a Notice to Cure; they get a Golub Notice.

Either way, as I said above, it's time to talk to a tenant lawyer (not just any lawyer).
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Postby seekinghelp » Mon May 13, 2013 11:05 pm

TN and ES, thank you.

Yes, they have cited me and John and Jane Doe in the notice to cure. Although after reading past posts here on similar topics it would seem that the only person who can actually cure is the original tenant. I have no way of actually righting the situation on my own without their cooperation. I've let it be known that I'd like to stay and take over the lease and that I'm amenable to an increase. They have sent me a tenant application but they have not even indicated if they would rent to me, so I'm suspicious that that is just a formality to make it look like that offered me the opportunity to apply. But they also have not even said what the rent is. If was a person responding to an ad for an apartment I would at least know what the asking rent is. Isn't it reasonable for me to ask that they at least state what the rent would be? I would like to know that before even going through the effort of applying, just like I would in choosing a new apartment.

You're right they seem to be positioning for a larger rent increase. But in all honesty the rent is not that much below market value, and would only be marginally lower if we added 20%. Let's say my rent is currently $1500. (Not my actual rent, just for example.) After 20% that would make the new lease $1800 per month. But if they were firm about vacating the property and renovating it, in the best case they might be able to demand $2000. So, is it really worth going through all that (time, renovation expense, legal fees, and at least one month of non-rent) just for that small amount additional per month when you could have continuous payment from a reliable tenant and no material investment?

Anyway, I guess I'll be speaking to a tenants lawyer tomorrow. TN, are you able to recommend a couple?

TN, could you please address what happens if the ten-day notice to cure is not met - which, how could it be? What would be the next step / steps? Approximately how long would I safely have to find a new place and move?

Thank you
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Postby TenantNet » Tue May 14, 2013 3:56 am

Yes, they have cited me and John and Jane Doe in the notice to cure.


But did they also name the primary tenant? If not, then I'm not sure it's valid. Either way, a court case is a-coming. If the NTC is defective, one would object once in court.

THe "cure" would be for the prime tenant to return. You don't have to move to effectuate a cure. You would then be a roommate, which is legal. Assuming the prime tenant does not return, the only option is the LL seeking repossession, or negotiate a settlement, either allowing you to obtain the lease, or time to move.

If you have an application, then I would consider competing it and returning it (by certified mail) and making copies of everything, including envelopes that have postmarks.

Since you are in the 10-day NTC period, I would get a legal consultation ASAP and complete the application. An attorney can tell you if you should actually send it in. I see no reason not to, but I would check. Yes it's reasonable to ask about the rent, but you are also under the gun. You're not obligated until you sign the lease.

I would also attempt to pay the rent with your own check or Money Order. On either, indicate "rent for May 2013" or whatever month it is. Pay by certified mail. Keep copies of everything. If they accept the rent, it gives you the argument that a LL-tenant relationship has been created.

Also, in a holdover case, if the LL accepts rent in the window period after a Notice of Termination (the next step after the Notice to Cure) has been issued, and before the proceeding is commenced, that can vitiate the proceeding. However, I don't know if that rule works with a sublet.

Remember, this is LL/T stuff, nothing is logical.

As for lawyers, a number advertise on this site. Look at the top of each page and you will see banners from tenant attorneys. Refresh the page for another.
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Postby seekinghelp » Tue May 14, 2013 10:55 am

Thanks TN,

Yes, it's addressed to the original leaseholder first, then the rest.

If the only way to cure is for him to return, after 7 years abroad, that's not going to happen. So I don't see how this gets cured or even the point of going to court since I'm not contesting anything.

I'm not squatting and I don't want to fight for the apartment. I'd like an amicable agreement where they agree to lease to me at an acceptable increase, or I'll leave and find a new place, assuming a reasonable time frame to move.
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Postby TenantNet » Tue May 14, 2013 11:11 am

There is a point to go to court as you are a named party. There might be jurisdictional problems with the papers. There might be legal problems with the facts they assert. It depends on many things. And ... you can negotiate either for more time to move, or perhaps to acquire the lease.

While you were a roommate (not the sublet part) maybe the prime tenant overcharged you. You might have a claim against the tenant for overcharging.

And if you get the lease in your name, you should look at the rental history to see if you have a claim against the landlord. You should investigate that now as it might be used for negotiating leverage.
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Postby seekinghelp » Tue May 14, 2013 11:26 am

Thanks.

Unclear about this part:

And if you get the lease in your name, you should look at the rental history to see if you have a claim against the landlord. You should investigate that now as it might be used for negotiating leverage.

How do I review the rental history? What type of problems / claims might there be?

Thank you.
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Postby TenantNet » Tue May 14, 2013 12:07 pm

You should try, but you might face a roadblock with DHCR. They will only release rent records to tenants living in the apartment, and to determine that, they will require something like a utility bill in your name at the premises.

Piecing together the rent history can be a chore, but it's entirely possible the LL has been overcharging all along. You'' have to look at leases and DHCR registrations, plus what you've paid.

And it's not only landlords. Prime tenants often overcharge the sublettors.
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Postby Jezebel » Tue May 14, 2013 7:38 pm

You should try, but you might face a roadblock with DHCR. They will only release rent records to tenants living in the apartment, and to determine that, they will require something like a utility bill in your name at the premises.


My experience with this is that DHCR will require a tenant to provide ID (along with the lease) if one is requesting a rent history at one of their offices.

If you call them, though, they ask where you live and then mail the rent history addressed simply to "Tenant".

This makes sense, as they aren't sending anything to anyone who doesn't live in the apartment.
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