Occupants and Spouses in Housing Lottery Apartments? (low income, real estate)

[juloa9]

I've lived in my housing lottery 1 bedroom apartment for almost 4 years. I just got my lease renewal and as I'm reading it, it has an Occupancy rider and another page that talks about Section 235-F in regards to occupancy which I read and states I can have an adult occupant and that I can have family members live with me. I would love for my SO to move in with me and we do plan on getting married some day. Based on what I read in my lease, this is able to happen without a rent increase since it is a rent stabilized apartment. However, when I called my leasing office to check he told me that only minors were considered occupants and all adults must be on the lease. He said that if I added a roommate I'd have to go through the housing lottery income verification process again. I mentioned Section 235-F and he said to email him everything and he'd check. Has anyone had any experience with this? Obviously I see people just move in their SOs and don't let management know. But has anyone successfully moved in their SO as an occupant on the lease or married someone and added them to the lease in this kind of apartment? I have never had to recertify income.

[BronxiteKing12]

I've often wondered about this. I have children that live with their mother, and I was thinking how would these housing lotteries would respond if I had a situation where I would have to take my child/children to come live with me full time.

(FYI, all my children are pre teen and under. )

[stormgal]

Originally Posted by juloa9

I've lived in my housing lottery 1 bedroom apartment for almost 4 years. I just got my lease renewal and as I'm reading it, it has an Occupancy rider and another page that talks about Section 235-F in regards to occupancy which I read and states I can have an adult occupant and that I can have family members live with me. I would love for my SO to move in with me and we do plan on getting married some day. Based on what I read in my lease, this is able to happen without a rent increase since it is a rent stabilized apartment. However, when I called my leasing office to check he told me that only minors were considered occupants and all adults must be on the lease. He said that if I added a roommate I'd have to go through the housing lottery income verification process again. I mentioned Section 235-F and he said to email him everything and he'd check. Has anyone had any experience with this? Obviously I see people just move in their SOs and don't let management know. But has anyone successfully moved in their SO as an occupant on the lease or married someone and added them to the lease in this kind of apartment? I have never had to recertify income.

Once you're in a lottery apartment and you sign the lease, you can basically move in and add to the lease whomever you wish. I don't believe that they have to go through the lottery process at all. They gave you the wrong information.

[juloa9]

Thank you for the reply. He did seem to not have any answers once I brought up that part of the lease. I've gotten no response yet from them.

[goku23]

Originally Posted by stormgal

Once you're in a lottery apartment and you sign the lease, you can basically move in and add to the lease whomever you wish. I don't believe that they have to go through the lottery process at all. They gave you the wrong information.

So why my lottery apartment told me I can't add anyone on the lease? Does the person moving in have to submit paperwork?

[Ghost20]

Originally Posted by goku23

So why my lottery apartment told me I can't add anyone on the lease? Does the person moving in have to submit paperwork?

Well initially you can’t because then it seems like you cheated the process to get approved. I’m sure when your lease renewal comes around you should be able to. They have to consider live events, you can get married have children. They can’t NOT let you add someone (just maybe not initially)

[goku23]

Originally Posted by Ghost20

Well initially you can’t because then it seems like you cheated the process to get approved. I’m sure when your lease renewal comes around you should be able to. They have to consider live events, you can get married have children. They can’t NOT let you add someone (just maybe not initially)

Will the rent go up if a person is added? will that person have to submit pay stubs?

[BugsyPal]

Originally Posted by stormgal

Once you're in a lottery apartment and you sign the lease, you can basically move in and add to the lease whomever you wish. I don't believe that they have to go through the lottery process at all. They gave you the wrong information.

No, that is not correct.

For RS apartments LL's are only required to add legally married spouses to leases. For anyone else a tenant of record may ask, but LL does not have to do a thing.

"In rent-stabilized apartments, a tenant can demand that a partner be added to a lease “if the partner became a spouse to the tenant and lived in the apartment as their primary residence with the tenant,” said Peter A. Schwartz, a real estate lawyer who specializes in rent stabilization and rent control, and is a partner in the Manhattan law firm Graubard Miller."

https://www.nytimes.com/2022/08/06/r...o-a-lease.html

https://www.metcouncilonhousing.org/...e-for-a-lease/

Landlords of market rate nor rent controlled housing have any say in adult family members or whoever moving into an apartment, long as it doesn't violate occupancy laws.

At each renewal of lease for a RS apartment LL must send forms that tenant fills out listing any adults occupying apartment besides tenant(s) of record. This among other things may prove useful if any such tenant wishes to claim said RS unit via succession.

Section 235-f does not say anything about adding names to leases. It only establishes rights tenants have to allow persons to live with them in said apartment.

https://codes.findlaw.com/ny/real-pr...ect-235-f.html

[BugsyPal]

Originally Posted by goku23

Will the rent go up if a person is added? will that person have to submit pay stubs?

RS rents go up at renewal every one or two years based upon length of previous lease chosen by tenant(s). Said increases are whatever RGB enacted into law for period covered. Adding person(s) to lease and or having them move into apartment does not affect rent.

[BugsyPal]

Originally Posted by juloa9

I've lived in my housing lottery 1 bedroom apartment for almost 4 years. I just got my lease renewal and as I'm reading it, it has an Occupancy rider and another page that talks about Section 235-F in regards to occupancy which I read and states I can have an adult occupant and that I can have family members live with me. I would love for my SO to move in with me and we do plan on getting married some day. Based on what I read in my lease, this is able to happen without a rent increase since it is a rent stabilized apartment. However, when I called my leasing office to check he told me that only minors were considered occupants and all adults must be on the lease. He said that if I added a roommate I'd have to go through the housing lottery income verification process again. I mentioned Section 235-F and he said to email him everything and he'd check. Has anyone had any experience with this? Obviously I see people just move in their SOs and don't let management know. But has anyone successfully moved in their SO as an occupant on the lease or married someone and added them to the lease in this kind of apartment? I have never had to recertify income.

Much would depend upon what sort of lottery unit you have. If it's part of some low income housing, voucher or similar scheme there might very well be restrictions on occupants and so on. That would have been spelled out in original lease you signed before moving into apartment.

"Occupant" does not automatically translate into legal tenant of record (name on lease).

In NYS at lease again absent housing that comes with certain restrictions a LL doesn't have a GD thing to say about who moves in with tenant of record. It's just none of their business.

However if said tenant of record wants something from LL now or in future (such as adding name to lease, succession rights), for a RS apartment there are rules and procedures that must be followed.

Landlords aren't interested in someone planning to "get married someday". That falls again on something that isn't any of their business. If and or when that event happens and tenant of record has papers proving so, that's a different matter.