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Old 05-11-2015, 09:51 PM
 
10 posts, read 7,968 times
Reputation: 10

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So my wife and I recently moved into an apartment on may 1 in queens. The rent was originally 1750 but we negotiated it down to 1700. The lease is in her name only because we wanted to avoid paying another $100 app fee for me + hard pull on credit. We get a rude call from the landlord stating that there is someone else living in the apt and that they are not on the lease. He wants to evict or run an app on me for $100 plus the rent would be $1750 instead of the negotiated 1700.

First month's + security + broker fee has been paid prior to may 1 move in date. Every time the apt was seen it was my wife and I along with the broker/agent.

Do I have any rights here? Or will I have to spend $100 on app and deal with rent increase?
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Old 05-11-2015, 09:56 PM
 
10,604 posts, read 20,730,171 times
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I believe your wife as the primary tenant has the right to live with you being there as a family member. Check metropolitan council fact sheet. Read the whole thing until you get to the part that applies to you.

Your Right To Have A Roommate | Metropolitan Council on Housing
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Old 05-11-2015, 10:01 PM
 
10 posts, read 7,968 times
Reputation: 10
looks like this is it:

Immediate family members of the primary tenant who live in the apartment but are not on the lease are not considered roommates. All tenants have a right to live with family members so long as their apartment does not become overcrowded.

If that is the case, then what do i say to the landlord or broker? That under NY Law I am allowed to not be on the lease and live in the apt?
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Old 05-11-2015, 10:08 PM
 
10,604 posts, read 20,730,171 times
Reputation: 8145
Quote:
Originally Posted by mikeset View Post
looks like this is it:

Immediate family members of the primary tenant who live in the apartment but are not on the lease are not considered roommates. All tenants have a right to live with family members so long as their apartment does not become overcrowded.

If that is the case, then what do i say to the landlord or broker? That under NY Law I am allowed to not be on the lease and live in the apt?
I don't really know, but maybe you should print that info out (also find the same info on some other sites; I am sure it exists) and give it to the LL in writing.

But -- since this sounds like a market rate apartment (not rent stabilized), you are probably sealing your fate that you won't be granted another lease for the following year if you choose to fight this.

I don't understand why the LL is being like this. It's perfectly reasonable to have two people live in a one bedroom, and even in a studio. Does he think you were trying to put one past him by not signing the lease in the first place and he's just pissed off?
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Old 05-11-2015, 10:25 PM
 
10 posts, read 7,968 times
Reputation: 10
Quote:
Originally Posted by Henna View Post
I don't really know, but maybe you should print that info out (also find the same info on some other sites; I am sure it exists) and give it to the LL in writing.

But -- since this sounds like a market rate apartment (not rent stabilized), you are probably sealing your fate that you won't be granted another lease for the following year if you choose to fight this.

I don't understand why the LL is being like this. It's perfectly reasonable to have two people live in a one bedroom, and even in a studio. Does he think you were trying to put one past him by not signing the lease in the first place and he's just pissed off?
It is a market rate apt. No idea why he is being this way. I think he does feel 'slighted' thinking it was supposed to be for one person, hence the price break in rent. But I don't know why the broker who I paid 10% of the yearly rent to as a fee did not communicate this with him.

I read N.Y. RPP. LAW 235-f : NY Code - Section 235-F: Unlawful restrictions on occupancy and the link you posted sums it up. It is completely legal for her and I to live together and me not be on the lease. It says immediate family, I'm assuming husband is immediate family...
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Old 05-11-2015, 11:26 PM
 
457 posts, read 566,438 times
Reputation: 79
Why is he being so difficult?

What if you are dating? Don't you have a right to have your boyfriend/girlfriend move in? Geez the LL is being ridiculous over a few dollars.
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Old 05-12-2015, 05:21 AM
 
30,316 posts, read 31,181,855 times
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Even in a studio apt. a married couple can live together assuming it is large enough legally even if only one spouse is on the lease. Definitely sounds like this landlord is being picky!
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Old 05-12-2015, 08:10 AM
 
147 posts, read 135,654 times
Reputation: 90
OP, you should tell him nope.. that is not true, everyone who is living in that apt, are part of the immediate family. YOu must mistaken me for another tenant.
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Old 05-12-2015, 10:39 AM
 
Location: Brooklyn
2 posts, read 2,402 times
Reputation: 10
New York Laws are so tough ---Try to research issue to find a loop hole

Thanks Marina Tylo
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Old 05-12-2015, 11:11 AM
 
Location: Manhattan
20,129 posts, read 26,407,309 times
Reputation: 9021
You have met the typical landlord...an ass-hole.
He wants more money...they ALWAYS want more money.
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