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Old 07-05-2012, 03:07 PM
 
Location: Nesconset, NY
2,202 posts, read 4,334,611 times
Reputation: 2160

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Quote:
Originally Posted by skilldeadly View Post
My girlfriend and I are looking for places to live in Queens. Found a place in Flushing within our range and decent commute. But when my GF called she said I wouldn't be able to be added to the lease because we aren't married. Umm, isn't that something I should be allowed to do since I will be living there and I desire to have something to say I'm allowed to live there? Just in case if there is a fight or something, I would like the peace of mind knowing I am still allowed to reside there.

I have a good credit score (730) and my annual salary is decent. I just don't get why someone would have an issue with me being added just because we aren't married.
I don't understand why the issue is you being "added" rather than your girlfriend being "added". It sounds like she already has signed the lease. If she hasn't then you should be signing the lease, not her, if a choice has to be made.

Also, your concern about having it in writing that you're "allowed to live there...in case...there's a fight or something, [you] would like the peace of mind knowing [you are] still allowed to reside there." This sounds like you two have a rocky relationship and a history of fighting and her kicking you out.

It's obvious you're not stating the whole situation.
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Old 07-05-2012, 03:24 PM
 
Location: Long Island, NY
7,841 posts, read 13,251,077 times
Reputation: 9247
Quote:
Originally Posted by LIGuy1202 View Post
I don't understand why the issue is you being "added" rather than your girlfriend being "added". It sounds like she already has signed the lease. If she hasn't then you should be signing the lease, not her, if a choice has to be made.

Also, your concern about having it in writing that you're "allowed to live there...in case...there's a fight or something, [you] would like the peace of mind knowing [you are] still allowed to reside there." This sounds like you two have a rocky relationship and a history of fighting and her kicking you out.

It's obvious you're not stating the whole situation.
His concern is no different than couples signing pre-nups. Why do people see divorce in the future rather than just hope the marriage will last til death do us part? His concern is valid and the way he's been researching apartments clearly shows a good relationship. He's been looking for price ranges, desireable neighborhoods, parks, shopping, etc for his GF and child. If it was that bad he wouldn't be accomodating her. Read his posts. He has never said anything bad about their relationship.
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Old 07-05-2012, 04:41 PM
 
106,851 posts, read 109,114,600 times
Reputation: 80293
Quote:
Originally Posted by bellakin123 View Post
I thought the purpose of the lease was to list anyone who lived in the apartment, the amount of rent, when payment is due, obligations, etc. Wouldn't not adding either the OP or his GF because they're not married be considered discrimination? The lease laws do not say that both tenants must be married in order to be on the lease. If anything, I'd want both to be added because then they are both legally responsible for rent payment, security, obligations, etc. If only the GF is added and she leaves, is the OP still obligated to pay rent when he's not on the lease and didn't break the lease? The renting laws are enough to drive ya crazy!
a tenant is free to roomate with anyone they like but the landlord does not have to add them to the lease.
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Old 07-05-2012, 04:58 PM
 
Location: Long Island, NY
7,841 posts, read 13,251,077 times
Reputation: 9247
Quote:
Originally Posted by mathjak107 View Post
a tenant is free to roomate with anyone they like but the landlord does not have to add them to the lease.
I understand that, but wouldn't it make sense to add anyone living in the apartment on to the lease? Especially in a case where they're not married? As a LL I may have more comfort knowing that the other person is legally obligated to the lease if the other person leaves. The LL is not adding one or the other only because they're not married. That seems like discrimination. If they were married then the LL would add both? Doesn't seem logical to me.
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Old 07-05-2012, 05:00 PM
 
106,851 posts, read 109,114,600 times
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its not discrimination . there are succession laws that may apply to non family membors if its a rent stabilized apartment .if its not the landlord is not under obligation to extend the lease terms to anyone else

Succession rights in rent-stabilized and rent-controlled apartments | Metropolitan Council on Housing
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Old 07-05-2012, 05:02 PM
 
Location: Beautiful Rhode Island
9,321 posts, read 14,937,409 times
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quote: "a tenant is free to roomate with anyone they like but the landlord does not have to add them to the lease."

Not usually! Most leases specify that only the named lessees may live there.
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Old 07-05-2012, 05:07 PM
 
106,851 posts, read 109,114,600 times
Reputation: 80293
your very wrong about that. ny state law allows roomates without any approval at all

"All tenants in New York state have rights under the roommate law, which was enacted in 1983 along with the subletting provisions. Prior to this law, sharing an apartment was limited to those named on the lease and immediate family.

some of the provisions in the roomate law are:

1. If only one tenant has signed the lease (or where there is only one rent controlled tenant of record), that tenant is entitled to one roommate who is not a member of the tenant's immediate family.

2. If two or more tenants have signed the lease (or where there are two or more rent controlled tenants of record) and they all live there, they are not entitled to have any roommates. If one or more of the tenants named on the lease (or one or more of the rent controlled tenants of record) moves out, the departing tenant or tenants can be replaced by the same number of roommates.

3. The named tenants on the lease (or the rent controlled tenants) can always have their immediate family members living with them.

4. A named tenant, a rent controlled tenant, or a roommate is always entitled to have his or her dependent children living with him or her. They do not count in the enumeration of the right to one or more roommates.

5. You must inform the landlord of the name of a new roommate within 30 days after the roommate moves in, or within 30 days after a request by your landlord for the roommate's name. Failure to notify the landlord carries no penalty.

6. Neither your roommate nor your roommate's dependent children acquire any right to remain in the apartment if the named tenant(s) vacate the apartment. Neither your roommate nor your roommate's dependent children acquire any right to purchase the apartment under a cooperative or condominium conversion plan (unless your landlord gives specific permission in writing).

7. Your landlord cannot make you waive your rights under the roommate law, and is not allowed to increase a stabilized tenant's rent because you have a roommate. Sometimes, rent controlled tenants must pay a rent increase for "increased occupancy" when the total number of people living in the unit increases.

8. The rights created under the roommate law do not apply if having roommates violates some other federal, state, or local law. For example, your landlord could in certain situations use regulations prohibiting overcrowding to prohibit sharing arrangements. "

Last edited by mathjak107; 07-05-2012 at 05:23 PM..
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Old 07-05-2012, 05:24 PM
 
106,851 posts, read 109,114,600 times
Reputation: 80293
heres a summary of it

New York - Roommate Law – Roommate Law FAQ
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Old 07-06-2012, 06:32 AM
 
Location: Manhattan
25,382 posts, read 37,126,683 times
Reputation: 12792
Quote:
Originally Posted by skilldeadly View Post
My girlfriend and I are looking for places to live in Queens. Found a place in Flushing within our range and decent commute. But when my GF called she said I wouldn't be able to be added to the lease because we aren't married..


That's against the law.

Quote:
It is unlawful for landlords, superintendents, building managers, condominium owners, cooperative owners and boards to discriminate in the sale, rental or lease of a housing accommodation or in the provision of services and facilities because of a person’s actual or perceived race, color, national origin, gender (including gender identity), disability, sexual orientation, creed, marital status, partnership status, alienage or citizenship status, any lawfull source of income, age, lawful occupation, or because children are or may be residing with the person.
Only owners of 2 family homes can discriminate.


Move in and then SUE him for $1 million.
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Old 07-06-2012, 06:37 AM
 
1,463 posts, read 3,270,077 times
Reputation: 2828
Quote:
Originally Posted by skilldeadly View Post
My girlfriend and I are looking for places to live in Queens. Found a place in Flushing within our range and decent commute. But when my GF called she said I wouldn't be able to be added to the lease because we aren't married. Umm, isn't that something I should be allowed to do since I will be living there and I desire to have something to say I'm allowed to live there? Just in case if there is a fight or something, I would like the peace of mind knowing I am still allowed to reside there.

I have a good credit score (730) and my annual salary is decent. I just don't get why someone would have an issue with me being added just because we aren't married.
I am gonna say that this Landlord probably doesn't want unmarried couples residing on his property and that is his perrogative..his property, his rules. Unless your girlfriend is pulling your chain and putting the "getting married" vice on you then move on and find another place to live. It is not a big deal for couples, unmarried couples to be living together so unless you want to live uncomfortably in this apartment for however long you two decide to co-exist together, then find a new place. The Landlord doesn't want you there.
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