Taking over an apartment from a family member in New York City (Florida: section 8, apartments)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
So my grandmother has been living in an apartment for over 40 years, basically since the building has open, it has now, in the last 8 years, been turned into a "condo" now. She has section 8 and her monthly rent is about $1600, the section 8 pays $1000 and she just has to pay $600 a month.
My grandmother wants to move to Florida and take her section 8 with her.
I want to take over the apartment but what I want to know is if I am 1. Going to be able to take over the apartment
2. Since she would be taking her section 8 will I be able to pay only the $1,600 a month or will they raise the rent and can they raise it since I am her granddaughter and the family has been living there for over 40 years
4. If they do raise the rent is there only a certain amount of percentage they can raise it or can they raise it to the amount the apartments are now going for? i.e we live in a 3 bedroom 2 bathroom apartment on the 25th floor with a balcony, so the apartments now that we live in at are now going for about $4,000 a month.
5. Would putting me on the lease before she leaves help my chances in not paying $4,000 a month.
Any and all information would be helpful, and please let me know if I should have a lawyer help me with this and what kind of lawyer I would need to help me.
Thank you.
Additional information:
I am 20 years old working and going to college
I work on average about 30 hours a week and get payed $12.00 per hour
I also receive child support every month at the amount of $500.00
The "family' has not been living there 40 years- only your grandmother has. I think that you must be on the lease for a certain time period before you can be considered a tenant. Is the apartment a 'condo'?
The "family' has not been living there 40 years- only your grandmother has. I think that you must be on the lease for a certain time period before you can be considered a tenant. Is the apartment a 'condo'?
The building is but there has been no renovations to the apartment, it still has everything the same since the day she moved in.
Not even sure there are succession rights under any circumstances for an apartment in a building that has been converted to condominiums.
Also,if grandmother has been living in the building for only "40 years…since it was built" neither the building nor the apartment is very likely to be rent controlled and maybe not stabilized either.Buildings built after 1971 are generally neither controlled nor stabilized.
Regardless,if she takes her section 8 to Florida with her, the groundwork has been laid for any possible regulations to be dissolved because the section 8 agreement lists all the legal tenants and they will inform the owner of the vacancy.
Not even sure there are succession rights under any circumstances for an apartment in a building that has been converted to condominiums.
Also,if grandmother has been living in the building for only "40 years…since it was built" neither the building nor the apartment is very likely to be rent controlled and maybe not stabilized either.Buildings built after 1971 are generally neither controlled nor stabilized.
Regardless,if she takes her section 8 to Florida with her, the groundwork has been laid for any possible regulations to be dissolved because the section 8 agreement lists all the legal tenants and they will inform the owner of the vacancy.
True. I shouldn't have assumed it was rent stabilized. Also I really don't know anything about Section 8 (and no plans to learn) so I guess I should not have commented.
The "family' has not been living there 40 years- only your grandmother has. I think that you must be on the lease for a certain time period before you can be considered a tenant. Is the apartment a 'condo'?
You don't need to be on the lease but you do need to demonstrate residence, which is not possible if you have not been living there. Succession rights are for people who also live there. It might be different for rent control, or might have been different at one point.
Landlords already fight against people who have been living there legitimately and who do therefore have legal rights. Someone essentially without a legal right who tries to establish this would likely have a difficult time.
Not even sure there are succession rights under any circumstances for an apartment in a building that has been converted to condominiums.
Also,if grandmother has been living in the building for only "40 years…since it was built" neither the building nor the apartment is very likely to be rent controlled and maybe not stabilized either.Buildings built after 1971 are generally neither controlled nor stabilized.
Regardless,if she takes her section 8 to Florida with her, the groundwork has been laid for any possible regulations to be dissolved because the section 8 agreement lists all the legal tenants and they will inform the owner of the vacancy.
While I am not an expert on Section 8, it has always been the case that this belongs to a person rather than to a unit. Conversely, a regulated unit is regulated no matter who moves in or out. This belongs to the particular site and is not attached to a person. Income verifications for controlled or stabilized units are specious for this reason.
While I am not an expert on Section 8, it has always been the case that this belongs to a person rather than to a unit. Conversely, a regulated unit is regulated no matter who moves in or out. This belongs to the particular site and is not attached to a person. Income verifications for controlled or stabilized units are specious for this reason.
Right,except possibly in circumstances such as this where the building( which we still don't know was ever regulated) has converted to a condominium.Even if it were a rent controlled apartment in a pre war building and an individual bought the unit with a rent controlled tenant in place ,all regulations would automatically cease with the death of or vacancy by the tenant in possession at the time of the conversion. In fact one of the reasons many buildings have been converted to condo or co op ownership is precisely this…to end all of the regulations at the end of the tenancy. At this point somebody owns the unit in question and will be free to sell it or rent it out to whoever they want for whatever rent they can get as soon as the grandmother moves out.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
