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Old 11-29-2010, 04:03 PM
 
4 posts, read 22,928 times
Reputation: 11

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I have a situation that I hope some member might have some helpful information for me.

I have been renting a room from my roommate for about 8+ years. I am NOT on the lease. I do have mail in my name and everyone in the apartment building knows who I am and that I reside here.

Unfortunately, my roommate passed away this past weekend. I know the lease is up in the summer.

I have the obvious questions anyone in my position would have:

1. Can the Complex kick me out?
2. How long can I reside here? I don't want to be homeless in the winter!
3. Are they legally required to let me reside here for the remaining time of the lease?
4. It's rent stabilized. Can they increase my rent, during the remaining time of the lease?
5. Do they have to offer me the option to sign a new lease? If so, how much can they increase the rent?

Thanks in advance for any help.
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Old 11-29-2010, 04:42 PM
 
979 posts, read 4,104,071 times
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have you been paying your share of the rent directly to the LL?
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Old 11-29-2010, 04:45 PM
 
4 posts, read 22,928 times
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Quote:
Originally Posted by modsquad81 View Post
have you been paying your share of the rent directly to the LL?
Thanks for the response.
No, I have been paying my roommate directly in cash for over 8 years.
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Old 11-29-2010, 04:58 PM
 
Location: War World!
2,794 posts, read 5,785,315 times
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Does the landlord know you were living with him?
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Old 11-29-2010, 05:02 PM
 
979 posts, read 4,104,071 times
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The rights of a family member living in a rent controlled or rent stabilized apartment to succeed a tenant of record who dies or permanently vacates are covered by DHCR Regulations. Under these regulations, a “family member” is defined as a husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the tenant; or any other person residing with the tenant in the apartment as a primary resident who can prove emotional and financial commitment and interdependence with the tenant. 9 NYCRR § 2520.6(o)(2).

Is this a possibility?
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Old 11-29-2010, 05:07 PM
 
4 posts, read 22,928 times
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It's a managment company. The staff (super, doormen, etc) know I've lived there all of these years. It wasn't hidden, and as I've mentioned, bills (including cable), come in my name OR both of our names.

I'm not a "family member" but have been a roommate for over 8+ years.
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Old 11-29-2010, 05:11 PM
 
Location: South Carolina
14,597 posts, read 20,405,054 times
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I hate to say this but Im thinking maybe you had better look for another place to live because I doubt the Landlord will let you stay . Im so sorry that your roommate passed away , I know this is not an easy thing to have happen . I had a friend whose boyfriend passed away and his parents put her out and she was engaged to the young man but because they were not married legally the parents were well within their rights to put her out since they owned the home . They did not like her and she has since moved on but still crappy either way . I wish you luck and God bless you I hope things work out for you .
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Old 11-29-2010, 05:24 PM
 
979 posts, read 4,104,071 times
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Well, you are entitled to due process which means you would have to be evicted legally given the length of time you've been there. As a holdover proceeding this could take up to 3 months. I am wondering how your roommate paid the rent but I'm also wondering if you can only afford to stay if you get a roommate. I would be tempted to try and pay the rent with cash (get a receipt of course for the apartment number) and seeing if they take it. This is not a definitive legal right to keep the apartment but it definitely muddies the waters. Honestly a good tenant lawyer may have better answers then you'll find here. Go to the TenantNet forum and ask the same question.
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Old 11-29-2010, 05:27 PM
 
Location: Beautiful Pelham Parkway,The Bronx
8,830 posts, read 21,376,217 times
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Quote:
Originally Posted by modsquad81 View Post
The rights of a family member living in a rent controlled or rent stabilized apartment to succeed a tenant of record who dies or permanently vacates are covered by DHCR Regulations. Under these regulations, a “family member” is defined as a husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the tenant; or any other person residing with the tenant in the apartment as a primary resident who can prove emotional and financial commitment and interdependence with the tenant. 9 NYCRR § 2520.6(o)(2).

Is this a possibility?
The only accepted "proof of financial interdependence and commitment" in NYC is a joint checking account.They make you show the statements of a joint checking account to register as domestic partners.It is considered the absolute minimum form of proof.
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Old 11-29-2010, 08:12 PM
 
Location: Brooklyn, NY
1,271 posts, read 2,832,217 times
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Quote:
Originally Posted by modsquad81 View Post
The rights of a family member living in a rent controlled or rent stabilized apartment to succeed a tenant of record who dies or permanently vacates are covered by DHCR Regulations. Under these regulations, a “family member” is defined as a husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the tenant; or any other person residing with the tenant in the apartment as a primary resident who can prove emotional and financial commitment and interdependence with the tenant. 9 NYCRR § 2520.6(o)(2).

Is this a possibility?
Doubt it. The point of that clause was to work around prohibitions on same-sex marriage and allow same-sex couples to get inheritance rights. Doesn't sound like that applies.
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