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Rent increase from adding an occupant?

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

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Rent increase from adding an occupant?

Postby DAndres109 » Tue Sep 06, 2016 7:42 pm

Hello,

I recently added my girlfriend as an occupant (not a lessee) on my lease. She is the only person living with me, so I believe that I am free to do so based on 235 (f).

That said, I am a bit worried that my landlord may try to increase my rent either now or when my lease renews in a couple of years due to the addition.

My apartment is rent stabilized and I am not subject to preferential rent.

Do I have cause for concern?

Thank you in advance,

David
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Re: Rent increase from adding an occupant?

Postby TenantNet » Tue Sep 06, 2016 9:13 pm

You're rent stab, correct? LL can't increase rent due to the GF's presence. He may only increase rent based on RGB orders or DHCR-ordered increases like MCI's.

BTW, you might have informed the LL of the GF, but she's not "added to the lease."
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Re: Rent increase from adding an occupant?

Postby DAndres109 » Tue Sep 06, 2016 9:25 pm

Thank you for answering my question. I am rent stabilized.

By the phrase "added to the lease," this would mean that the person would be added as a co-tenant, right (with all of the responsibilities that that entails)? This in turn would create a new lease agreement that would be subject to vacancy allowances and such, as I understand it.

No, I haven't done that. All I've done is informed the landlord, and as a result I expect my GF's name to appear on the Occupancy Rider that accompanies my lease renewals.
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Re: Rent increase from adding an occupant?

Postby TenantNet » Tue Sep 06, 2016 10:15 pm

Yes, adding a person (who is not a spouse) as a co-tenant would create a new lease, and open you up to vacancy increases. In this case it's a GF, not a spouse.

We don't know what you mean by "occupancy rider."
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Re: Rent increase from adding an occupant?

Postby DAndres109 » Tue Sep 06, 2016 10:34 pm

My lease renewals include a section (Occupancy Rider) to indicate people other than myself who live in the apartment as their primary residence.
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Re: Rent increase from adding an occupant?

Postby TenantNet » Tue Sep 06, 2016 10:45 pm

For RS tenants, the only acceptable form is DHCR form RTP-8.

All RS tenancies must be renewed on the "same terms and conditions" as the expiring lease. The only changes are the RGB rent increases and any DHCR-ordered changes in the rent. Other than that the LL cannot add on any new terms or conditions.

The form "occupancy rider" is not part of the lease renewal process. Having said that, LL's are allowed to demand from tenant the names of all people living in the unit. The only thing they can demand is the name. They cannot ask for the nature of the relationship ... relative, spouse, main squeeze or roommate. That information is off-limits and not the LL's business.

BTW, if the LL is not using a RTP-8, that's not legal and you should not have to pay any increases in our opinion.
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Re: Rent increase from adding an occupant?

Postby DAndres109 » Tue Sep 06, 2016 10:50 pm

That does make sense.

Thanks, again. This has been very helpful.
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