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Affidavit of Occupants- Help!

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Affidavit of Occupants- Help!

Postby libertey777 » Sat Oct 19, 2002 2:11 am

Recently I got a letter from my Landlord requesting that :
1. Pursuant to section 27-2075 of the City of NY Housing Maintenance Code that I submit to my managing agent the enclosed completed form, signed and notarized affidavit.
2. This form requests that I submit all the names of the occupants in the apartment.

The question is:
1. My co-tenant (the one who signed the lease with me) is out of the country because of her job, do I put her name in the form as well?
2. My roommate (the other occupant/not a signee in the lease) who lives with me is unrelated to me, is this illegal?
3. The situation is: two of us signed the lease (me and the other one who is out of the country), 2 persons are currently living in the apartment (me and an unrelated friend). is this allowable?
4. What do I write the forms?? Only those persons presently living in the apt?? Help!

Many thanks!
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Re: Affidavit of Occupants- Help!

Postby lappert » Sat Oct 19, 2002 2:49 am

No need to put the co-tenant on. Leave that out altoghether. "Occupants" are legally people who live there, but who are not the tenants or the tenants' families. It's not illegal for the other person (a real occupant). See the roommate Law, giving you that right. The LL is fishing and there might be other things at stake. You might consider ignoring the form until he presses the issue. You don't have to sign and return just anything the LL asks for (although many tenants stupidly do so). However in this case (see the HMC), the LL can request this info. But nothing will happen - at least right now -- if you ignore it. He can take you to court later for failing this, then you do so.
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Re: Affidavit of Occupants- Help!

Postby Lilly » Sat Oct 19, 2002 2:47 pm

I disagree; first, did your co-tenant(the other person on the lease) receive this form as well? Regardless, you must list him/her as well as the roommate. Yes, you are allowed to have the roommate. If you are rent regulated, just be sure you aren't overcharging the roommate. If you are rent regulated,the roommate should not be paying more than 1/3 of the total rent. LL's want this info supposedly to find out if there is anybody living there with you who might have succession rights to the aprtment. All of you, including the roommate(the one not on the lease) are considered occupants.
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Re: Affidavit of Occupants- Help!

Postby consigliere » Sat Oct 19, 2002 4:32 pm

The landlord has the right to ask for this information under the Administrative Code and under the Rent Stabilization Code.
 
Under the roommate law, you and your co-tenant don't have the right to have a roommate if you're both living in the apartment. Your lease may give you greater rights. With your co-tenant living elsewhere, you have the right to have a roommate, and you can charge the roommate one-half -- not just one-third -- of the rent, under DHCR's December 2000 amendments to the Rent Stabilization Code.
 
You could list your absent co-tenant on the form, indicating that the co-tenant is (temporarily?) living elsewhere.  
 
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Re: Affidavit of Occupants- Help!

Postby libertey777 » Sat Oct 19, 2002 10:54 pm

The situation is as follows:
The letter is addressed to both me and the other tenant. I have actually informed my landlord that a roommate is living with me and that the other tenant/signee is living elsewhere(in Europe because she was assigned there by her employer). The landlord does not know that she MIGHT not be coming back. (Her two kids used to live in the apartment before with her.)

The question is:
1. Since the two kids used to live with her before, do I need to sign them as well?
2. Would it be better to sign me, my unrelated roomate only since the other signee is actually not living/ and actually is not residing in the apartment?
3. What is the repurcussion if I indicate the the other signee has moved out?
4. How many days do I have to complete this form?
5. What is the pupose of this form/ affidavit when in fact my landlord already asked me who currently resides and what happened to the other signee to which I responded in writing. (Will this form be used against me? In what ways?)

Thank You.

<small>[ October 19, 2002, 10:57 PM: Message edited by: libertey777 ]</small>
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Re: Affidavit of Occupants- Help!

Postby consigliere » Sun Oct 20, 2002 9:27 am

Your roommate and her children have the right to move out and to return. While they're away, you have the right to have a roommate. If they don't return, you have the right to a renewal lease on your own.
 
I don't think it makes much difference if you list the co-tenant and her kids on the form, as long as you indicate that they're not currently living there.
 
This form and the form for rent stabilzation let the landlord know who's living in the apartment and could also be used to indicate that your roommate might be entitled to succession rights, although it looks like your roommate is just a roommate, and not part of an untraditional family.
 
You can get more information about co-tenants, roommates, and renewal leases at the Rent Guidelines Board website.
 
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Re: Affidavit of Occupants- Help!

Postby libertey777 » Mon Oct 21, 2002 3:53 pm

Ive asked for advice and now Ive got two advices:
1. Since the form was addressed to me and the other tenant who is currently away, is it better to send two affidavit letters?
2. Or just submit one from me and indicate that she is temporarily away?

On another note:
*How come Ive been calling lawyers (managing lawyers for apartments and they are not familiar with the Roommate Law? As if Im the one telling them whats existing!)
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Re: Affidavit of Occupants- Help!

Postby HAJ77 » Mon Oct 21, 2002 4:34 pm

On the issue of the roommate law, ask yourself the question again and I think you have the answer. They are the landlord's attorneys, and are being payed to be sneaky and attempt to trick tenants.

Believe me, anyone vaguely familiar with tenat law in NYC knows about the roommate laws, how much they share is another issue. But, the link consigliere provided clearly displays the law and unless you are over a certian number of people they can't do anything.
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Re: Affidavit of Occupants- Help!

Postby consigliere » Mon Oct 21, 2002 4:41 pm

You should submit only one form.
 
Because it's an affidavit, only you can sign it and have it notarized. Your co-tenant is in Europe and it would be impractical to have her sign the form and have it notarized.
 
The attorney/managing agent is probably just playing dumb about not knowing about the roommate law. It's in the landlord's best interest to have as few people in the building as possible. At the very least, fewer people use less hot and cold water.
 
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