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Agree,but do 2 married people always have to have the same primary residence ? I mean are there laws about that.
I am wondering because I happen to know a married couple who both had rent stabilized apartments before getting married and have kept them both even though they are really living in one.One of them is claiming their pre marital primary residence as their primary residence even though not really "living there" anymore.
He uses it as an office.
I also know more than one married couple who own two residences(city co-ops and country houses) where each person claims one of the residences as the primary residence in order to get 2 star property tax exemptions.Husband takes star exemption on apartment,wife registered to vote at and taking star exemption on country house .
It's amazing how many people out there who have no qualms about doing this type of thing and then complain about all the public assistance recipients "gaming the system." What a joke.
Two married people do not, theoretically, have to have the same primary residence. If two spouses genuinely live in separate apartments primarily, then they each have their own primary residence and could each have a rent-stabilized apartment. However, that circumstance is at least quite rare outside of separated spouses.
However, what you describe is definitely against the rules, and the landlord of the "office" could definitely evict the husband--though housing court tends to be so biased in favor of rent-stabilized tenants that it might take years.
Know of a couple that met as neighbors in the same building each with a RS apartment (studio or small 1BDRM IIRC).
After getting married they remained in the same building but each kept their apartments. One unit is used during the "day", the other at "night", an arrangement that has worked out well, especially after the birth of their child.
Marriage does not require you to relinquish a RS apartment. Long as the tenant maintains the unit as his or her primary residence in accordance with court rulings and laws, and is otherwise not in violation there is nothing a landlord or anyone else can do.
IIRC there was a series in the Sunday NYT real estate section several months back about married couples that have "separate" apartments, it even featured a gay male couple living under that arrangement. Didn't read the piece but it does show such things aren't uncommon.
When you think about it unless the couple can find and afford a large one or two bedroom apartment, or purchase a house somewhere it can make sense to keep one's own apartment. Space is often a luxury when it comes to NYC real estate, especially in Manhattan. Even with severe editing many couples find they just have too much "stuff" to fit in one studio or small one bedroom apartment. Unless one or the other in a marriage is lucky enough to have one of those vast old pre-war RS or even better RC apartments, usually what you are looking at are studios apartments.
It's amazing how many people out there who have no qualms about doing this type of thing and then complain about all the public assistance recipients "gaming the system." What a joke.
As with most things in life, it's only a crime. a sin, or a damn shame, when other people are doing it.
When i looked up are you allowed to have two apartments, they said yes because sometimes married couples sometime maintain two homes.
However some applications state you can only be on one lease.
Does anyone know the exact reasoning for this decision?
Because it is against the law to maintain 2 rent-stabilized apartments.
Quote:
I am wondering because I happen to know a married couple who both had rent
stabilized apartments before getting married and have kept them both even though they are really living in one.One of them is claiming their pre marital primary
residence as their primary residence even though not really "living there"
anymore.
He uses it as an office.
The typical scenario is that the landlord of the non-primary space gets wind of the situation, documents the issue, and evicts the tenant, unless he is paying as much or more than what the landlord could rent for.
Landlords may be greedy, mean, callous and inhuman, but they are not stupid.
Landlords may be greedy, mean, callous and inhuman, but they are not stupid.
Being greedy is when a landlord charges an inflated rent above and beyond the market rate. When a landlord charges market rents, that does NOT make them greedy.
But of course in your socialist eyes, all landlords are evil greedy people.
Because it is against the law to maintain 2 rent-stabilized apartments.
The typical scenario is that the landlord of the non-primary space gets wind of the situation, documents the issue, and evicts the tenant, unless he is paying as much or more than what the landlord could rent for.
Landlords may be greedy, mean, callous and inhuman, but they are not stupid.
There is no such law against having more than one RS apartment per se. However there are statues about primary residence. If a tenant can convince a judge that he or she is using both to meet said requirement and not afoul of any other provision of the lease, that is that.
Charles Rangel and others have gotten into trouble by having more than one RS apartment but using the "others" for various activities instead of a primary residence. Mr. Rangel IIRC was using his extra apartments for campaign offices etc...
In any even we are speaking about married couples not singles.
Just because woman or whatever marries does not automatically mean *all* their goods and or property are joined to the husband/spouse. There is nothing stopping a married person from continuing to live in and or use their RS apartment as a primary residence even if the spouse lives elsewhere. Long as they can prove such use to the satisfaction of a judge (if things come to that), it is really no one else's business.
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