Prime tenant gets notice to cure because of roommate &am

[fnbdave]

Here is a long one for you...

In Jan 2002 I moved into a friends rent regulated apartment. He primarily lives somewhere else now but occasionally stays in the apartment to go to the doctor and do some consulting at his old job. We split the rent evenly.

I had a guest move in a couple months after I moved in. I charge him no rent. This was all ok with the friend who holds the lease.

My friend the prime tenant recieved a notice to cure for illegally subletting in April 2002. He called the rental office and they told him to explain how he moved me in as his roommate and my guest was staying with us temporarily. He sent a letter that explaine it all by certified mail to the landlord lawyers.

After they recieved it nothing else happened.

Today we recived a letter from the rental office saying how they believe the notice to cure from all those months ago was not taken care of and that he is illegally subletting. They say he has to cure the situation immediately.

What are my rights as his roommate and his rights as the prime tenant? My guest is still staying here rent free as he has no place to go.
Didn't the landlord lose their right to do anything since they took so long to start this matter up again?

Doesn't the prime tenant have a right to legally have a roommate? Don't I have a right to have my guest stay with me?

Again, the prime tenant stays at the apartment occasionally (couple times a month) for work and appointments.

Thanks for any and all advice.

[NYCkid]

It is my understanding that in regulated apartments, the prime tenant must keep it as his/ her primary residence, not as a crash pad.

If temporarily it will not be the primary residence, a legal sublet is allowed, but it doesnt seem that is what you are claiming to be.

It seems tough to me.

[lappert]

You should actually thank the LL for this early warning. Although this particular case may be about subletting, if it's a smart LL, they are working up to a non-primary residence case. The time per year is either 183 or 189 days (depending on who you listen to) and according to some attorneys must be for each of the last two years prior to the commencement of a non-primary matter. But that means really live there, not just filing taxes and having a drivers license. Living means sleeping.

Subletting is curable, but non-primary residence is not. The prime tenant cures it by moving back in to really live there.

If the tenant lives there, then you're a roommate which is allowable. The second person might not be allowable as a second roomate, but that's a completely separate issue. If the tenant is not there, then it's a sublet and there are provisions for that. But again, if it's a smart LL, they would only approve of the sublet if the prime tenant can demonstrate his intent to return. Read up on the sublet law on TenantNet.

These are very tricky cases. Claiming its one thing will beg questions on the other thing. Speak to an attorney, but the best thing to do immediately is have the prime tenant move back in.

If that's not doable (after speaking with an attorney to represent you, not the prime tenant) and if the LL is somewhat reasonable, consider taking over the lease. The prime tenant would lose the lease, but it appears he may not be eligible for it (or may not want to correct the problem).

[eastsidah]

Once again, a case someone abusing the rent regulation laws. Do any tenants behave with integrity in this town?

[NYCkid]

Yes East Sidah, many tenants are honest and have integrity. Let me guess, are you a landlord?

As an honest tenant who thinks that the rent regulation laws are too weak, I too am upset when I see people try to subvert the laws and make money on the side off of them. All too often I hear about illegal sublets where the lease holder is trying to make money. This makes me sick because it makes tenants look bad and hurts the cause of stronger rent regulations.