Got an apartment as a single person household and want to add my SO to the lease (income, living)

[holidazing]

Originally Posted by macnyc2003

It's not just your SO's income, or lack thereof. These lottery apartments are intended for working families, people who are mutually dependent on each other, not roommate situations, as you know.

However, after you move in, and the apartment is yours alone, you will be able to have a roommate, because that is part of the rent stabilization law. So at that time you will not have to prove mutual dependence.

I don't know how eager the landlord will be to add her to the lease though. You'll have to find out.

Could you point me to where in the rent stabilization law they say this? Would be super helpful to know.

[macnyc2003]

Originally Posted by holidazing

Could you point me to where in the rent stabilization law they say this? Would be super helpful to know.

This article seems accurate to me:

https://www.brickunderground.com/ren...-landlords-nyc

Here's the "official" rule:

https://hcr.ny.gov/leases

[holidazing]

Thanks so much @macnyc2003.

Apparently adding her to the application at this point would lead HPD to reject me according to Reside, so I'm happy to go forward by myself.

I know having her move in prior to the 1 year mark is risky but it seems like the roommate law should protect my right to have a partner live with me? I'm just worried if they will ever check somehow. Even if I don't ever add her to the lease, would she be able to legally live with me? I'm just wondering what people do when they already live in a rent stabilized unit and get into relationships and their SO moves in? I can't imagine it'd be grounds for eviction then. In the mean time we'll keep our addresses separate.

[macnyc2003]

Yes, I think the roommate law would protect you both. As far as being able to add her to the lease, I don't know. You should research further, of course.

Also, you could get married or become domestic partners, etc., for the best protection. Although I guess that's not the most romantic reason!

[WildAboutHarry]

Don’t take this personally. But your honest scenario also resembles a scenario where a dishonest person applies as a one person one income household that fulfills the maximum income requirement, but has the intention of residing in the Affordable Housing unit at a two person two income household that doesn’t qualify for the particular Affordable Housing unit. Use caution going forward.

[BugsyPal]

Originally Posted by holidazing

Thanks so much @macnyc2003.

Apparently adding her to the application at this point would lead HPD to reject me according to Reside, so I'm happy to go forward by myself.

I know having her move in prior to the 1 year mark is risky but it seems like the roommate law should protect my right to have a partner live with me? I'm just worried if they will ever check somehow. Even if I don't ever add her to the lease, would she be able to legally live with me? I'm just wondering what people do when they already live in a rent stabilized unit and get into relationships and their SO moves in? I can't imagine it'd be grounds for eviction then. In the mean time we'll keep our addresses separate.

Lots of misinformation....

All tenants can have roommates, long as they follow procedure set down by law.

The only person LLs of rent stabilized units must add to a lease is a legal spouse. Someone legal tenant is shacking up with does not count.

At each offer of lease renewal for RS tenants LL is required to send a form where legal tenant or tenants of record list any and all adults living in apartment at time. Long as adult lives in apartment their name should be filled out on said form. Among other things this advises landlord of who is living in unit, but can assist adult listed if they wish to establish succession rights to lease/apartment.

Someone shacking up with a RS tenant who is not legally married to same does not have a legal right to get name on lease. However if certain conditions are met such a person can claim succession to a RS unit, and this is easier if can prove (as by having name on said form above) had established residence.

While not required by law to add anyone else but a legal spouse's name to lease, some market rate and regulated unit LLs will do so, but there are downsides.

Technically usually what happens is a new lease will be drawn up in name of all new legal tenants. They then become "jointly and severally" responsible for all terms in lease. Off top that means all persons whose name appears on lease are responsible for paying rent. LLs don't give a rat's behind how money is split between two or whatever number of people, long as he/she gets their money each month. If that does not happen *everybody* goes down to housing court.

Unless lottery apartment has some sort of underlying restriction tied to income, voucher or whatever it is just a run of the mill RS unit. Thus anything regarding roommates or adding names to lease will follow current laws.

[holidazing]

Originally Posted by BugsyPal

Lots of misinformation....

All tenants can have roommates, long as they follow procedure set down by law.

The only person LLs of rent stabilized units must add to a lease is a legal spouse. Someone legal tenant is shacking up with does not count.

At each offer of lease renewal for RS tenants LL is required to send a form where legal tenant or tenants of record list any and all adults living in apartment at time. Long as adult lives in apartment their name should be filled out on said form. Among other things this advises landlord of who is living in unit, but can assist adult listed if they wish to establish succession rights to lease/apartment.

Someone shacking up with a RS tenant who is not legally married to same does not have a legal right to get name on lease. However if certain conditions are met such a person can claim succession to a RS unit, and this is easier if can prove (as by having name on said form above) had established residence.

While not required by law to add anyone else but a legal spouse's name to lease, some market rate and regulated unit LLs will do so, but there are downsides.

Technically usually what happens is a new lease will be drawn up in name of all new legal tenants. They then become "jointly and severally" responsible for all terms in lease. Off top that means all persons whose name appears on lease are responsible for paying rent. LLs don't give a rat's behind how money is split between two or whatever number of people, long as he/she gets their money each month. If that does not happen *everybody* goes down to housing court.

Unless lottery apartment has some sort of underlying restriction tied to income, voucher or whatever it is just a run of the mill RS unit. Thus anything regarding roommates or adding names to lease will follow current laws.

I got the unit through the housing lottery... so it is tied to income in that way. From what I understand I don't have to recertify my income so I'm hoping that is also the case for my 'household' size

[BugsyPal]

Originally Posted by holidazing

I got the unit through the housing lottery... so it is tied to income in that way. From what I understand I don't have to recertify my income so I'm hoping that is also the case for my 'household' size

That isn't what one meant.

There are various sort of "low income" or "affordable" lottery apartments that come with restrictions. Usually something regarding total household income, amount of rent increase a tenant will pay (city picks up rest), and so forth. Then some lottery units have clauses about primary residence or other bits to keep people from running game. These clauses (if the exist) would be spelled out in riders attached to initial lease.

What Happens If My Household Size Changes?

"Landlords should be notified of any changes of your household size. Property owners also will request this information as part of the annual income certification process. Tenants should take notice of the restrictions noted in their lease regarding who may reside there. Generally, landlords realize that a tenant’s household size may change over time, after events such as the birth of a child or a marriage."

https://streeteasy.com/blog/nyc-affo...certification/

[holidazing]

Hi guys, wanted to give the update that I got approved! Really quickly surprisingly enough, I only just sent the documents on Tuesday.

I received a copy of the lease and I'm still going through it, I don't see anything about a roommate but they do say this:

”You shall use the Apartment for living purposes only. The Apartment may be occupied by the tenant or tenants named above and by the immediate family of the tenant or tenants and by occupants as defined in and only in accordance with Real Property Law §235-f.”

which is the roommate law. I think we will still wait for her to move in but I'm really hoping this will work out.

[WildAboutHarry]

Originally Posted by holidazing

Hi guys, wanted to give the update that I got approved! Really quickly surprisingly enough, I only just sent the documents on Tuesday.

I received a copy of the lease and I'm still going through it, I don't see anything about a roommate but they do say this:

”You shall use the Apartment for living purposes only. The Apartment may be occupied by the tenant or tenants named above and by the immediate family of the tenant or tenants and by occupants as defined in and only in accordance with Real Property Law §235-f.”

which is the roommate law. I think we will still wait for her to move in but I'm really hoping this will work out.

Putting aside the regulations discussion. It might be wise for the relationship for you to live their alone to see if it’s big enough for just you and you enjoy it. Living together in a too small place can upset relationship.