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Subject to conditions of the lease on the first unit, the landlord might be willing to just have the mother takeover the existing lease for remaining 10-11 months and remove jlmusic from the lease so they can take the lease of the lottery unit. Or just let jlmusic out of the lease whether or not mother moves in. It seems pretty certain that jlmusic can’t be on another lease if they take the lottery unit. If jlmusic’s original lease is in fact for a RC or RS unit, I missed seeing that.
Subject to conditions of the lease on the first unit, the landlord might be willing to just have the mother takeover the existing lease for remaining 10-11 months and remove jlmusic from the lease so they can take the lease of the lottery unit. Or just let jlmusic out of the lease whether or not mother moves in. It seems pretty certain that jlmusic can’t be on another lease if they take the lottery unit. If jlmusic’s original lease is in fact for a RC or RS unit, I missed seeing that.
Nearly 100% of time when tenant seeks to assign balance of lease to another LL will want a background check and vetted financials same as when offering a new lease to anyone else. Does this "mother" have 40x income to rent ratio and otherwise pass what LL currently seeks for new tenants?
Contrary to natural and sane laws tenants in NYC have nearly same rights as property owners. Rent regulated units are at top, but in some instances market rate aren't far behind.
What happens in future if this "mother" cannot or does not pay rent? If her name is not on lease LL will bring legal action against tenant of record. If she is on lease then LL will sue both of them to get his money. Same thing goes for any other issues arising that affect tenancy.
Guess I wasn’t very clear in my original post. My current place is a rent stabilized apartment (non-lottery). My mom isn’t listed as part of my household, and obviously I plan on living in my new apartment. Thank you for your answers!
Query To OP Is your mom ok with moving in and taking over your old RS apartment. She is family and has the right of succession. You can request to have her name added to the lease. You can then transition your name off the lease: I read this as well which might help if she has been living with you as i am unclear on that:
Succession rights can only be claimed under two conditions: 1.) When a primary tenant dies; or 2.) When a tenant vacates the apartment. If and when that happens, the tenant claiming succession rights should send a certified letter to the owner. In the letter, they should indicate that the primary tenant has died or vacated the apartment for another reason and that he/she would like to sign the next renewal lease. If the request comes following a death, include a copy of the death certificate. Also, if you can’t easily prove you’re related, be prepared to provide evidence of your connection to the deceased or departed tenant. You’ll also need proof that you’ve been using the unit as your primary residence for more than two years (or one year if you’re disabled or at least 62). Official mail sent to the address (e.g., a cell phone or utility bill) should suffice, but be prepared—some owners will ask for substantial documentation. After all, if your close relation has been paying well under market rent for a unit in a coveted high-rent neighborhood, there is little incentive for the owner to facilitate the process.
People get worked up about people relinquishing a RS or RC apartment they are like a mythical being or a lottery apartment a dream to behold but not very attainable. you are lucky you have a choice. Good luck in your new home and goodluck to your mum in this apartment without you but you kind of have the best gift we all want to give our parents a home of their own.
Query To OP Is your mom ok with moving in and taking over your old RS apartment. She is family and has the right of succession. You can request to have her name added to the lease. You can then transition your name off the lease: I read this as well which might help if she has been living with you as i am unclear on that:
Succession rights can only be claimed under two conditions: 1.) When a primary tenant dies; or 2.) When a tenant vacates the apartment. If and when that happens, the tenant claiming succession rights should send a certified letter to the owner. In the letter, they should indicate that the primary tenant has died or vacated the apartment for another reason and that he/she would like to sign the next renewal lease. If the request comes following a death, include a copy of the death certificate. Also, if you can’t easily prove you’re related, be prepared to provide evidence of your connection to the deceased or departed tenant. You’ll also need proof that you’ve been using the unit as your primary residence for more than two years (or one year if you’re disabled or at least 62). Official mail sent to the address (e.g., a cell phone or utility bill) should suffice, but be prepared—some owners will ask for substantial documentation. After all, if your close relation has been paying well under market rent for a unit in a coveted high-rent neighborhood, there is little incentive for the owner to facilitate the process.
People get worked up about people relinquishing a RS or RC apartment they are like a mythical being or a lottery apartment a dream to behold but not very attainable. you are lucky you have a choice. Good luck in your new home and goodluck to your mum in this apartment without you but you kind of have the best gift we all want to give our parents a home of their own.
Thank you for your response. I think I'll do what you suggested - add her name to the lease and when it's time for me to move into the lottery apartment, ask to have my name off the lease. The only thing I'm worried about is her income is below rent*40. If this becomes a problem I'll stand as her guarantor? Do most landlords accept this?
Is your mom rent-burdened now? (not making 40x current rent). If not, it might not be fair to burden her that way, and if you have to supplement that anyway, it might just be easiest to ask if you can be let out of your lease and see what they will charge you to do so.
Query To OP Is your mom ok with moving in and taking over your old RS apartment. She is family and has the right of succession.
I want to point out that technically this is not true. She would have the right to succession if she had been living with you in the apartment for two years before you vacate.
This is the law:
What are the rules for succession rights?
For rent stabilized tenants, it is possible for a person who is an occupant in an apartment leased to a family member to become a tenant (succeed) after the primary tenant leaves if the family member lived in the apartment for two years or more prior to the tenant’s departure, or since the beginning of the tenancy, or since the commencement of the relationship. If the person asserting succession rights is disabled or at least 62 years of age then the period of co-occupancy is only one year.
And I don't know your situation, but my landlord fights these things tooth and nail if the apartment is reasonably priced, even if the person taking succession did live in the unit for two years.
Last edited by macnyc2003; 11-17-2021 at 08:22 AM..
Is your mom rent-burdened now? (not making 40x current rent). If not, it might not be fair to burden her that way, and if you have to supplement that anyway, it might just be easiest to ask if you can be let out of your lease and see what they will charge you to do so.
The rent she is paying currently is similar to this one, so paying rent is not really an issue. Are landlords picky about tenants adding another member to the household? I've never personally dealt with the landlord - when I moved in all the paperwork and everything was done through the realtor. I've also never lived in an apartment before this one so I'm not really sure what the process is like..
So what’s the different with rent stabilized and lottery apartments??
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