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The thing with this, though, is that federal housing guidelines might allow the LL to not allow another person to move into the unit. If I understand the rule correctly, it's each bedroom allows for two people, then add 1. So, a 1BR is 3 ppl, 2BR is 5, etc. My understanding for a studio is that it is 0Br's + 1= 1 person. The LL might be able to say that no one else can live in the studio with the old guy and thus no one might be able to continue in the rent-regulated unit.
As always, the best advice in a situation like this is get a lawyer's advice.
I don't see anywhere that it is says a studio apt. cannot be shared with an immediate family member. Can you please share the website/link where I can find this information?
I don't see anywhere that it is says a studio apt. cannot be shared with an immediate family member. Can you please share the website/link where I can find this information?
You have to read the Rent Control guidelines on those links I posted. You should also Google or Bing to find out about the # of people who can live in an apartment in NYC. There are very specific laws about this and you have to find out what they are.
The only loophole I think you can use (if you're not legally allowed to live in the studio apt w/him) would be that he is very ill and you had to move in to help him and take care of him. However, if you want succession rights, you have to have lived there for 2 solid years directly prior to his death (not 2 years five years ago, or 6 months here, 10 months there... it has to be 2 solid, uninterrupted years directly prior to his death).
You have to read the Rent Control guidelines on those links I posted. You should also Google or Bing to find out about the # of people who can live in an apartment in NYC. There are very specific laws about this and you have to find out what they are.
The only loophole I think you can use (if you're not legally allowed to live in the studio apt w/him) would be that he is very ill and you had to move in to help him and take care of him. However, if you want succession rights, you have to have lived there for 2 solid years directly prior to his death (not 2 years five years ago, or 6 months here, 10 months there... it has to be 2 solid, uninterrupted years directly prior to his death).
You can keep the apt if that is what you mean by succession rights. But not as a rent controlled tenant. When that tenant dies the apt is no longer rent controlled.
As far as i can make out from the above it looks like your still controlled that dosnt change , its just there is a sizeable increase. they show 7-1/4 % in their example.....
Last edited by mathjak107; 09-24-2009 at 01:41 PM..
You have to read the Rent Control guidelines on those links I posted. You should also Google or Bing to find out about the # of people who can live in an apartment in NYC. There are very specific laws about this and you have to find out what they are.
I have read them and don't see this mentions the size of the apt. although I am sure it is probably there somewhere. Any clues what to look for in particular? The only thing that I have found is [SIZE=1]"When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant and the occupant's dependent children, provided that the tenant or the tenant's spouse occupies the premises as his primary residence."
[/SIZE]
Thank you for the link. Well if I understand correctly every occupant needs to have at least 80 square feet of livable area. So I guess it depends how large the studio apt. is if it can be shared by more than one person.
My father has been living in a rent controlled studio on the upper west side for ever. Now he is approaching the end of his life and that apartment is probably the only thing he has of any value. Is there any way to keep it in the family after he passes? What else can be done with it legally?
The only way you can keep it is if you can PROVE that you lived there for the past 2 years. Utility bills, income tax returns, etc. Thats the only way you can excerise your succession rights.
The only way you can keep it is if you can PROVE that you lived there for the past 2 years. Utility bills, income tax returns, etc. Thats the only way you can excerise your succession rights.
Right...and so far the OP hasn't come back to let us know whether he or she really wants the apartment for his or her own use or is more interested in it as an asset.Somehow, I suspect the latter. We also don't know whether the OP would even be capable of taking up residency in the apartment for the next two years.That might be kind of hard if he/she has 3 kids of his/her own ( in a studio??) and a job in Dubuque.
I think we need a little more information here.
It is really surprising to me. An owner is likely paying, say $1000/month maintenencae on this apt. It is rent controlled so he is receiving, say, $500/month rent. So he is losing $500/month bc of NY laws to protect people who need it. The Owner also cannot sell the unit bc no one wants to own a rent-controlled unit that is LOSING money, And you propose this guy moves in to take advantage of the system. Yikes. In my book, this is stealing.
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