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Old 07-26-2013, 07:52 AM
 
1,431 posts, read 2,096,712 times
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Quote:
Originally Posted by Harlem resident View Post
Except that ... the mention of "certification," not required for a rent-stabilized or rent-controlled apartment, indicates a HUD housing program unit. Probably the HOME program. These are "low income" and "very low income" and subletting is not allowed.
The "certification" could also just be the landlord talking made-up nonsense.

Kefir King nails the situation, I think. I don't see how the OP loses her right to the apartment, but I also don't see how she shakes the "friend."
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Old 07-26-2013, 08:14 AM
 
208 posts, read 398,238 times
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Quote:
Originally Posted by NewNYMeal View Post
(Who believes all young adults should scrounge off their parents and loved ones for the entirety of this economic recession).
Quote:
Originally Posted by convextech View Post
I appreciate the fact you want to do this on your own without mooching off your parents.

We try to raise our kids to be self-sufficient adults, that can take care of themselves. Granted, we help them out when they really need it and when they have exhausted all other options, but they do try to attack the problem from every angle first. That's because we didn't raise them to just have a hand out whenever things get bumpy.

For that, I applaud you. And I'm not sure I wouldn't have kicked my ex-friend's a** by now. LOL
I believe the only reason the OP is acting like an independent girl, that needs nothing from her parents because her parents moved (to probably a place she doesn't wish to reside and was able to take over their apartment). Now if her parents still lived in the apartment in question I have no doubt she would be living with them and not this independent girl she's portraying herself to be.
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Old 07-26-2013, 08:47 AM
 
Location: West Harlem
6,886 posts, read 7,822,965 times
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Quote:
Originally Posted by BinxBolling View Post
The "certification" could also just be the landlord talking made-up nonsense.

Kefir King nails the situation, I think. I don't see how the OP loses her right to the apartment, but I also don't see how she shakes the "friend."
She loses the apartment for failing to legally sublet. And no, "legal sublet" cannot be accomplished through conversation, smoke signal, esp, or similar.

I do agree that the best-case scenario will most likely be co-tenancy - the very best.

Everyone knows that certification is not required for regulated apartments.
That is precisely one of the issues at hand of late.

The OP is playing everyone. There is vastly more to this story than she has told.

The race card thing ? Please. How objectionable.
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Old 07-26-2013, 08:51 AM
 
1,431 posts, read 2,096,712 times
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Quote:
Originally Posted by Harlem resident View Post
She loses the apartment for failing to legally sublet. And no, "legal sublet" cannot be accomplished through conversation, smoke signal, esp, or similar.
But the landlord would need to take action for her to lose the apartment. Instead, the landlord has offered her a new lease, which she signed.

Even if the landlord wanted her out, it's not at all clear to me that it would win. But that's moot because it doesn't want her out.

The story is bizarre and there probably is more to it, but the basic question the OP is asking--can my friend kick me out of this apartment?--is pretty clear and I think the answer is no.
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Old 07-26-2013, 09:00 AM
 
Location: West Harlem
6,886 posts, read 7,822,965 times
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Quote:
Originally Posted by BinxBolling View Post
But the landlord would need to take action for her to lose the apartment. Instead, the landlord has offered her a new lease, which she signed.

Even if the landlord wanted her out, it's not at all clear to me that it would win. But that's moot because it doesn't want her out.
According to what the OP says !
How true any of that is - anyone's guess. For starters, drawing on experience, I would suggest that unless this is a very low income unit the behavior of the landlord/management is completely out of the realm of ordinary. This is one of the things that does not make sense in the story. At all.

If this is not a troll, I am guessing it is someone who moved away (re-packaged as "internship") and has now decided to return.
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Old 07-26-2013, 09:13 AM
 
1,431 posts, read 2,096,712 times
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The landlord's behavior is bizarre. However, I have actually encountered landlords of rent-stabilized buildings who misunderstand the rent-stabilization law to their own detriment, as incredible as that may sound. I suspect these are small family operations to whom the rent stabilization law was never relevant until recently thanks to gentrification. Not saying the OP's building is in that category, but it is possible.
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Old 07-26-2013, 09:30 AM
 
1,495 posts, read 1,914,518 times
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To the OP, not sure if this has been mentioned or not but why don't you just let the apartment go and find another one? First, you won't have to deal with the headaches of trying to get your ex-friend out of the apartment. Second, regardless of what your lease says I think it is unfair for the landlord to allow you to sublet your apartment while you are gone. If you are going to be gone for a year shouldn't you just give up the apartment to someone else who could use it at that time and when you get back you look for a new one?

I'm not sure I agree with this whole subletting of an apartment. The apartment doesn't belong to you, it belongs to the landlord. Why would he allow you to sublet it when he could just rent it out to someone else and get more money? I'm not saying it doesn't say that on your lease but since the apartment does not belong to you (such as a coop or condo) then why would he allow you to sublet it? It makes no sense.

As many people here said, NYC tenant laws are a hassle if you are trying to evict a tenant. NYC has some of the worst squatters rights in the country. You could potentially live for rent free for 6 months before you get evicted.

I'm not sure if this helped out any but if it were me I'd just walk away from this mess and get another place. It sucks that you are in this predicament but that's just life. If everyone was able to sublet their apartments we'd have a lot of rich people in NYC.
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Old 07-26-2013, 10:01 AM
 
Location: West Harlem
6,886 posts, read 7,822,965 times
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Quote:
Originally Posted by deeken View Post

I'm not sure I agree with this whole subletting of an apartment. The apartment doesn't belong to you, it belongs to the landlord. Why would he allow you to sublet it when he could just rent it out to someone else and get more money? I'm not saying it doesn't say that on your lease but since the apartment does not belong to you (such as a coop or condo) then why would he allow you to sublet it? It makes no sense.

As many people here said, NYC tenant laws are a hassle if you are trying to evict a tenant. NYC has some of the worst squatters rights in the country. You could potentially live for rent free for 6 months before you get evicted.

I'm not sure if this helped out any but if it were me I'd just walk away from this mess and get another place. It sucks that you are in this predicament but that's just life. If everyone was able to sublet their apartments we'd have a lot of rich people in NYC.
First, there ARE a lot of rich people in New York.

People have made a lot of money subletting cheap apartments and some still are. Which does beg another question. How much WAS the in-place tenant paying, anyway. Perhaps this is the source of the rent law suit, just another aspect of the OP's little story that does not make sense. People are entitled to, and are awarded, triple damages for rent overcharges by primary tenants. And they should be. This is one of the bigger and more anti-social tenant scams. People continue to do this and it strikes a blow against regulation each and every time, hurting many deserving people. What else should we expect in our increasingly me-me-me-me oriented culture.

The law is - an approved subletter pays the rent and a small percentage for furniture and not a dime more. Landlords deal with subletters directly. In the past, this helped a lot of people who were legitimate residents but who traveled a lot professionally, usually journalists, photographers, etc.

Unfortunately, too many took unbelievable advantage of this, moving elsewhere but hanging onto that apartment like a kind of vacation home and renting it out for extra cash.

The opponents of regulation do have a point there. I had always thought that they exaggerate the extent to which this happens, but observing Harlem ... WOW. People with dirt cheap apartments funded in part with section 8 who have not lived here for a decade. They post on the "vacation" sites - and openly. Upwards of $75. a night.
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Old 07-26-2013, 10:47 AM
 
1,094 posts, read 1,734,844 times
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No matter what, I think the OP will have the ability to live in the apartment, but it will be with this friend. Sometimes in life you learn a hard lesson because you didn't do what you needed to do. You didn't have her sign a sublease. You had her join the lease.

And can I address the concept of "living on your own". You are on food stamps trying to fight for controlled rent. That's not being independent. Who takes unpaid internships? Fools. And don't start with adding color in this as well. That's just pathetic.
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Old 07-26-2013, 11:02 AM
 
Location: West Harlem
6,886 posts, read 7,822,965 times
Reputation: 3000
Quote:
Originally Posted by hilltopjay View Post
Hahaha..I love this story. The original lease-holder screws the landlord by using the Rent Stabilization law to their advantage via succession rights and then the subleter screws the succession rights beneficiary lease-holder by using the Rent Stabilization law to their advantage to oust the other. Gotta love it! Thank you Rent Stabilization!
It's not rent stabilization.

It is THIS individual.

Unfortunately, the laws are only as just as those who participate.

Still, the way you put it - I do see the comic irony.

Is that what they mean by "karma."
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