TenantNet Forum

Where tenants can seek help and help others



Was told to get succession rights that would to added to lea

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

Moderator: TenantNet

Was told to get succession rights that would to added to lea

Postby Nesisjohn » Fri Aug 26, 2016 4:53 am

Im really to be such a bother. but I was asking the wrong question. I want to start off by stating, My mother and I have been living in a rent stabilized apartment for over 37 years. I did not have a key for the front entrance door, after talking with management was told that I would have to pay 200 in order to receive a key. After arriving at the management office we were told that I didn’t have succession rights and that I would have to be add to the lease to gain succession rights. I asked the management why I had to be added to the lease and if this would change my mother rent and lease the landlord assured me nothing would change and everything would stay the same. We where not told that what we were signing was a vacancy lease nor giving the chance to review the lease. To this date we have not even received the vacancy lease, in May we received a bill 1,515.63. We filed a rent overcharge complaint, we have also filed failure lease renewal with DHCR. We have been paying 966 under the previous lease but that 2 year renewal expires On August 31
I really need advice on what to do?
Nesisjohn
 
Posts: 7
Joined: Mon Jul 25, 2016 8:01 pm

Re: Was told to get succession rights that would to added to

Postby TenantNet » Fri Aug 26, 2016 8:23 am

Appears you're referring to a previous thread ... and we don't know what you said or what we said there. That's why follow-ups need to be on the same thread. I can only react to what is in this post.

Also do not put any identifiable information in a post - like the exact rent the LL is seeking. You should obscure that in the post ASAP.

PLEASE READ THE FORUM RULES!!!!!

What happened for the previous 36 years? Did you have a front door key for that time? How did you have access? Demanding $200 is an illegal rent in our view. Some places will give a set number of keys and charge for more; that might be permissible if within reason. But not $200.

On keys I know many tenants just go ahead and duplicate keys for a few dollars at the local locksmith. Some locksmiths will ignore the "do not duplicate" stamp on a key, or tenants can hide that with a cheap plastic cover obtainable anywhere.

The key has nothing to do with succession rights and don't let the two issues get mixed up with each other. I would take care of the key before you deal with the other issue. Just don't mix them up.

As a son, nothing prevents you from living with your mother (assuming she's the one on the lease). You do not have to be "added to the lease" in order to live in the unit. You have every right to live there.

Actually when unrelated tenants are added to a RS lease, LLs can add vacancy improvements. I don't think your situation would pass muster, but who wants to go to court? If a LL is willing to add you to the lease without any rent increase, that's legal. But that's not the case here.

See - this is where we're giving you advice that you already got from us. Please post in the same thread as a follow-up.

For the other issues, you can file with DHCR. You might get them to rule for you, or you might now. DHCR is a crap shoot. I would consult with a tenant attorney on all these issues.

Seems the LL committed some sort of fraud in the demand for a vacancy lease. A good lawyer might be able to get them to back off.

As for succession rights, it's not a bad idea to look into it as someday you will need to deal with it. Now is the time to put the affairs of you and your mother in order to facilitate succession rights. Talk to a lawyer who knows this stuff (not the immigration lawyer down the block, but a good tenant attorney). There is a form you can file with DHCR.

See:
http://www.nyshcr.org/rent/factsheets/orafac30.pdf
http://www.nyshcr.org/Forms/Rent/ra235.pdf
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10311
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City


Return to NYC Rent Regulated Apartments

Who is online

Users browsing this forum: No registered users and 33 guests