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Old 07-25-2013, 02:03 PM
 
Location: Philadelphia, PA
2,378 posts, read 2,497,442 times
Reputation: 1477

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Quote:
Originally Posted by Harlem resident View Post
I was about to comment that people here REALLY need to educate themselves about the rent laws, then I saw ... you are from Philadelphia.

That's why your comment makes no sense at all.
What are you talking about. You just said the squatter has a good chance of keeping the apartment and I suggested newnymeal take a painless out if she can.
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Old 07-25-2013, 02:07 PM
 
1,431 posts, read 2,108,829 times
Reputation: 1169
A landlord can't unreasonably deny a rent-stabilized tenant the right to sublet. Going away for a year-long apprenticeship is a textbook situation where you clearly have the right to sublet.

There is really no way for the OP to lose her tenancy. The issue is whether the "friend" has succeeded in making herself a permanent co-tenant.
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Old 07-25-2013, 02:07 PM
 
Location: BK All Day
4,480 posts, read 8,351,828 times
Reputation: 4288
Moral of the story is never let someone move into your apartment.
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Old 07-25-2013, 02:14 PM
 
Location: West Harlem
6,886 posts, read 7,874,709 times
Reputation: 3001
Quote:
Originally Posted by BinxBolling View Post
A landlord can't unreasonably deny a rent-stabilized tenant the right to sublet. Going away for a year-long apprenticeship is a textbook situation where you clearly have the right to sublet.

There is really no way for the OP to lose her tenancy.
Yes, there is. Those days are over. As this person will see.

"Primary residence" is now taken very seriously, used every day against tenants - sometimes rightfully, sometimes not.

Succession was meant to protect people in marriages or partnerships, for example, where a spouse had died and the landlord(s) had refused to add someone to the lease - as they commonly do. Unfortunately, it has been abused to the point of absurdity.

I can guess at the actual scenario here. Again, I would apply the phrase "working the system" - a activity that has done more to devastate affordable housing than you can imagine.
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Old 07-25-2013, 02:16 PM
 
16,724 posts, read 13,774,730 times
Reputation: 40996
This is why I won't rent to friends or family.
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Old 07-25-2013, 02:21 PM
 
1,319 posts, read 3,518,772 times
Reputation: 800
Quote:
Originally Posted by NewNYMeal View Post
Thanks for your contempt and so called "advice" "Harlem Resident" but I have no idea what you mean by "playing the system." My lease says I have a right to sublet, I went through all the appropriate channels for subletting my apartment or at lease I thought I did. I am 22 years old and just of of college. I am on food stamps. I took a unpaid internship working on documentaries to build my resume. I had/have no money. How is this a miscarriage of justice if I don't lose my apt?
Simple answer to your question if you have/had no money. You should be moving in with family member who is willing to let you stay while you get a paying job. Any paying job, anywhere. Not move back to NYC where you have to pay rent, even if its stabilized and living cost is very high because you have no money. Instead you are opting to get food stamp and trying to live in rent stabilized apartment at 22. That's what is meant by playing the system.

As for to building resume through unpaid internship. That's great but that's something you do when you are still in college. If you have no money. Your first foremost goal is to get money by getting any paying job. Not being broke and taking on unpaid internship to build resume. Instead you are playing the system by getting food stamps and rent stabilized apartment while you build your resume by doing unpaid internship.

I had no money when I graduated at 21-22, I asked my parents for help and moved in with them. Got a crappy job, worked my butt off at crummy job for few years, saved money, and then when I had enough. I thanked my parents and moved out on my own that I can afford. I certainly could've played the system by getting food stamps, staying in rent stabilized apartment (I had one as college student) so I can work on a real carer. I didn't. Maybe it was dumb on my part to do so but I felt that as 22 year old, I have family support and there are people worse off than me that can use the rent stabilized unit.
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Old 07-25-2013, 02:26 PM
 
Location: New York
12 posts, read 30,954 times
Reputation: 12
Thank you to you all who do not believe in kicking someone while they are down. "Babo" you cannot tell someone where they should or shouldn't live. I am not playing the system when I am from new york and when most young adults leaving college can not find paying jobs. That is neither here nor there. if you have no actual advice other than hindsight finger wagging then I wish you a good day. Furthermore, I have no idea how "harlem resident" could believe that I do not have succession rights when my family lived there for nearly 8 years. In any case the issue is not rather I have succession rights. My landlord granted me that. That place remains my primary residence. According to my state ID, voters registration etc.

My question is will the courts consider her (the friend) a subletter or will they uphold the original lease that was voided?

Last edited by NewNYMeal; 07-25-2013 at 02:41 PM..
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Old 07-25-2013, 02:32 PM
 
Location: West Harlem
6,886 posts, read 7,874,709 times
Reputation: 3001
Quote:
Originally Posted by ohiogirl22 View Post
Moral of the story is never let someone move into your apartment.
The moral of the story is - if you have a regulated apartment, you should be living there yourself.

People were unjustly hurt by a change in mood in the later 1990s. It was once the case that people who worked as journalists or something requiring a lot of travel could sublet their apartments, for cat care and for the basic rent. My family had friends like this. So many people abused that possibility, traveling for most of the year for leisure and spending just a month or two in the city, that regulations tightened and were enforced more. "Primary residence" became a big thing.
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Old 07-25-2013, 02:37 PM
 
1,431 posts, read 2,108,829 times
Reputation: 1169
I remain very skeptical that the OP is in danger of losing her apartment on non-primary residence grounds.

For one thing, the landlord offered her a renewal lease, and she signed it.
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Old 07-25-2013, 02:38 PM
 
Location: West Harlem
6,886 posts, read 7,874,709 times
Reputation: 3001
Quote:
Originally Posted by NewNYMeal View Post
My question is will the courts consider her a subletter or will they uphold the original lease that was voided?
Why don't we wait until some of the other locals appear, see what they have to say ...

The OP cannot possibly be from here - lacking an even rudimentary understanding of how such things work.
There is a lot more to this story.
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