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I'm pretty sure you would have to vacate the current apartment for the new one under NYC rent-stabilization laws. Now, you can do whatever you want technically (and people do), but I don't see the risks/hassles being worth the reward, imo.
Aside from giving up one "lottery" apartment for another don't see the downside.
Back in the day when RS apartments weren't such a big deal people moved all the time. Reasons varied from cheaper rent, better condition, and or anything else up to and including just wanting a change.
People *do* win subsequent "affordable lottery" apartments; there is no prohibition against this (for now). Long as they meet requirements for whatever new building and are approved by city to take the unit, obviously what remains is to end lease with current landlord. No different really than any other renter.
Hard to see what the harm is. The person moves out of the one they're entitled to, making it available to someone else. So there's still a net gain of one affordable apartment.
Of course, there just have to be fools trying to game the system...particularly disgusting when we're talking about a scarce and nonfungible resource like affordable housing.
Aside from giving up one "lottery" apartment for another don't see the downside.
Back in the day when RS apartments weren't such a big deal people moved all the time. Reasons varied from cheaper rent, better condition, and or anything else up to and including just wanting a change.
People *do* win subsequent "affordable lottery" apartments; there is no prohibition against this (for now). Long as they meet requirements for whatever new building and are approved by city to take the unit, obviously what remains is to end lease with current landlord. No different really than any other renter.
But the OP is asking about keeping BOTH, that is the issue...
Anyone living in a lottery apartment couldn't even afford to keep both of them. Unless you're talking about subletting, which is even worse than being selfish!
Every other day I see more reasons why this system is frowned upon. This topic shouldn't even be a discussion, but here we are.
Anyone living in a lottery apartment couldn't even afford to keep both of them. Unless you're talking about subletting, which is even worse than being selfish!
Every other day I see more reasons why this system is frowned upon. This topic shouldn't even be a discussion, but here we are.
But the OP is asking about keeping BOTH, that is the issue...
A matter that has been decided; he/she cannot, so the only remaining issue is if someone already having won a lottery unit should be allowed to roll the dice again. More to the point collect their winnings....
In other contests those who have won previously either are permanently excluded from entering/winning again, and or there is a time restriction.
Don't follow the horde of lottery apartment threads on this forum carefully, but this issue seems to have come up before with more than one person winning a second unit.
Aside from giving up one "lottery" apartment for another don't see the downside.
Back in the day when RS apartments weren't such a big deal people moved all the time. Reasons varied from cheaper rent, better condition, and or anything else up to and including just wanting a change.
People *do* win subsequent "affordable lottery" apartments; there is no prohibition against this (for now). Long as they meet requirements for whatever new building and are approved by city to take the unit, obviously what remains is to end lease with current landlord. No different really than any other renter.
The issue is that under NYC rent-stabilization law you can't have two rent-stabilized apartments at the same time (which lottery apartments are), and have them both be your primary residence. The law is the following:
"To be entitled to rent protection, a rent stabilized apartment has to be your primary residence. The Rent Stabilization Code section 2520.11(k) excludes from protection "housing accommodations which are not occupied by the tenant, not including subtenants or occupants, as his or her primary residence as determined by a court of competent jurisdiction."
You can own property elsewhere as long as you can prove that the apartment is your primary residence."
Not sure what the "housing accommodations which are not occupied by the tenant" part refers to, but the jist of this is you can't legally have occupancy in two rent-stabilized apartments simultaneously.
The issue is that under NYC rent-stabilization law you can't have two rent-stabilized apartments at the same time (which lottery apartments are), and have them both be your primary residence. The law is the following:
"To be entitled to rent protection, a rent stabilized apartment has to be your primary residence. The Rent Stabilization Code section 2520.11(k) excludes from protection "housing accommodations which are not occupied by the tenant, not including subtenants or occupants, as his or her primary residence as determined by a court of competent jurisdiction."
You can own property elsewhere as long as you can prove that the apartment is your primary residence."
Not sure what the "housing accommodations which are not occupied by the tenant" part refers to, but the jist of this is you can't legally have occupancy in two rent-stabilized apartments simultaneously.
Why are you co-signing something I have already stated? You're not saying anything I don't already know, and have posted.
OP is perfectly within his or her rights to enter any other housing lottery they wish. If and or when they win another unit they will light that firecracker at that time.
Aside from giving up one "lottery" apartment for another don't see the downside.
Back in the day when RS apartments weren't such a big deal people moved all the time. Reasons varied from cheaper rent, better condition, and or anything else up to and including just wanting a change.
People *do* win subsequent "affordable lottery" apartments; there is no prohibition against this (for now). Long as they meet requirements for whatever new building and are approved by city to take the unit, obviously what remains is to end lease with current landlord. No different really than any other renter.
Agreed. Nothing wrong with doing this. With the post you were responding to I was referencing a previous poster's idea of somehow keeping both apartments secretly and trying to use this for gain. Too much potential to lose in the long-run than what might be gained in the short-term.
Quote:
Originally Posted by BugsyPal
Why are you co-signing something I have already stated? You're not saying anything I don't already know, and have posted.
OP is perfectly within his or her rights to enter any other housing lottery they wish. If and or when they win another unit they will light that firecracker at that time.
There was a little more action in this post than I saw initially, so forgive the redundancy. With that said, I did find interesting some of the nuances to the law such as allowing the tenant to own property and have the apartment etc.
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