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Rent control apartments have no lease. Maybe the OP means rent stabilized?
my company owns a building in Park Slope with RC RS tenants, I think though if memory serves me correct the RC do have a leases, because the rent does go up, there is a formula to calculate it and if the rent is still under 400 dollars, there is an extra 15 dollars tacked on to it.
There is a lot of misinformation in the negativity, perhaps dictated by personal experience.
There are resources, if not for this OP, perhaps for others who may be reading. For starters, judges seldom "rubber stamp" anything. Not even for convicted felons, even drug dealers - unfortunately.
And the OP, if legitimate, should not write off Whole Foods.
There is no misinformation there. If you can't pay the rent, you are evicted. Plain and SIMPLE. And its not anyone's experience, its the law and how the court system operates.
As for Legal Aide, its extremely difficult to get through to legal aide and non profit lawyers. Even when you do get through to them, all they'll often do is offer advice.
The bottom line is no judge is going to let someone who can't pay the rent stay in an apartment. The judge doesn't care that you might get a job in the future. The judge cares about your ability to pay here in the PRESENT, and if you presently cannot pay by the deadline, the city marshall comes.
Its the reality of the process. You have a number of landlords on here that can confirm what I am saying ,as I'm sure they've evicted people.
I think sometimes situations like the OP upset people because in the end, there's really nothing you can do to help the person. Sometimes there is no advice you can give to help the person, or that there is no advice that the person is willing or able to take. So when all is said and done, what will be, will be.
I will say this, if the OP has no real ability to pay the rent, trying to stay in a place where you can't afford to pay the rent is just wrong (and the judge will evict you).
I don't care if she was taking care of her mother, you are not entitled to stay in an apartment where you cannot pay the rent.
I have lived in this apartment for 33 years and haven't worked in a number of years due to being a Caregiver.My uncle recently died and I have limited savings,which are about to run out in two months.i am afraid of becoming homeless,but i have tried unsuccessfully to find a job.My landlord has not acknowledged me as a Tenant yet.I an't get help from eviction prevention programs,because not only is the lease not in my name,but i was told they only help people with some sort of income.I need advice.Unfortunately,none of my friends can take me in,should i become homeless.
As far I know succession rights only pass to spouses, children and grandchildren (not to nieces or nephews). It is a shame that you didn't have your uncle add you to the lease. Did your uncle not leave you any money? Do you not have any relatives that can help you financially (at least lend you some money) until you find a job?
In general, it is possible for a person who is an occupant in an apartment leased to a family member to become a tenant (succeed) after the primary tenant leaves if the family member lived in the apartment for two years or more prior to the tenant’s departure, or since the beginning of the tenancy, or since the commencement of the relationship. If the person asserting succession rights is disabled or over 62 years of age then the period of co-occupancy is only one year.
The minimum periods of occupancy are not considered interrupted by military duty, enrollment as a full time student, court ordered relocation (not involving the lease or grounds for eviction), temporary relocation because of employment, hospitalization or other reasonable grounds as determined by the Division of Housing and Community Renewal on application.
It is also possible for a member of a "non-traditional" family to gain control of the apartment if he/she can show "emotional and financial commitment." Courts may consider the following:
longevity of the relationship,
sharing of household expenses,
intermingling of finances such as credit cards or bank accounts,
engaging in family type activities together,
formalizing legal obligations through such things as wills, powers of attorney, domestic partnership declarations etc..,
holding themselves out as family members in public activities,
regularly performing family functions for each other.
For more information on succession, see the relevant fact sheet.
Can my aunt "will" her rent controlled apartment to a family member?
A rent controlled tenant cannot grant the right to live in the apartment through a will. Nor can someone succeed a rent controlled apartment by paying the rent with personal checks. There are specific rules about who may succeed a rent controlled apartment.
In general, for rent controlled apartments throughout New York State, any "family member" of the tenant may have the right to protection from eviction when the tenant dies or permanently leaves the apartment.
The family member's right to protection from eviction is dependent upon such family member having resided with the tenant as a primary resident in the apartment for two years immediately prior to the death of, or permanent leaving of, the apartment by the tenant (one year for family members who are senior citizens or disabled persons).
The family member may also have the right to protection from eviction if he/she resided with the tenant from the inception of the tenancy or from the commencement of the relationship.
If all the requirements for succession are met, the new tenant's rent would be the same as it was when your aunt was the primary tenant, until the next increase, which can occur once a year in rent controlled apartments.
For definitions of family members, disabled persons and more information, see the DHCR fact sheet on succession rights.
Or, you may wish to call the Division of Housing and Community Renewal (DHCR), the state agency that administers the rent laws, at (718) 739-6400, for further information.
I have lived in this apartment for 33 years and haven't worked in a number of years due to being a Caregiver.My uncle recently died and I have limited savings,which are about to run out in two months.i am afraid of becoming homeless,but i have tried unsuccessfully to find a job.My landlord has not acknowledged me as a Tenant yet.I an't get help from eviction prevention programs,because not only is the lease not in my name,but i was told they only help people with some sort of income.I need advice.Unfortunately,none of my friends can take me in,should i become homeless.
If the apartment rent is much cheaper than anything out there at market rates and is the only thing you can afford, you need to try and keep this apartment, at least for the time being. Look at Henna's post above and call the phone number and get in the process of trying to get the apartment in your name.
In the meantime, find a job doing what you have been doing ... being a caregiver. Call nursing and home health agencies to be a home health aide. Then you will have some money coming in quickly to pay the rent, etc.
If the apartment rent is much cheaper than anything out there at market rates and is the only thing you can afford, you need to try and keep this apartment, at least for the time being. Look at Henna's post above and call the phone number and get in the process of trying to get the apartment in your name.
In the meantime, find a job doing what you have been doing ... being a caregiver. Call nursing and home health agencies to be a home health aide. Then you will have some money coming in quickly to pay the rent, etc.
Exactly.
I mean, why give up ?
Be sure to put any sort of discussion with the landlord in writing, and be sure to send everything certified mail, return receipt. If you have an in-person conversation, which I would avoid, immediately put a summary in writing and send it certified mail, return receipt. And keep track of everything on a calendar.
I have lived in this apartment for 33 years and haven't worked in a number of years due to being a Caregiver.My uncle recently died and I have limited savings,which are about to run out in two months.i am afraid of becoming homeless,but i have tried unsuccessfully to find a job.My landlord has not acknowledged me as a Tenant yet.I an't get help from eviction prevention programs,because not only is the lease not in my name,but i was told they only help people with some sort of income.I need advice.Unfortunately,none of my friends can take me in,should i become homeless.
You haven't said whose name is on the lease. Is it your Uncle's name? If you've been living there for 33 years and have been his caregiver, you CAN have succession rights.
What I would do is:
1. Get proof you are related - Birth certificates for you and him and your mother/father (whoever he is the brother of)
2. Have proof that you've lived there 33 years.
3. Have proof that you were his caregiver
4. If you have it, show you had an intermingling of finances (joint checking account or something like that)
Be sure to put any sort of discussion with the landlord in writing, and be sure to send everything certified mail, return receipt. If you have an in-person conversation, which i would avoid, immediately put a summary in writing and send it certified mail, return receipt. And keep track of everything on a calendar.
to be honest i have little hope for anyone financially who needs an internet forum to tell them to go get a job.
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