Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
There were no capital improvements. Other than renovating apartments when they were vacated, the roof leaked badly, they were trying to get a grant to update the heating, there was mold, unbelievable electrical hazards, etc. I know what the previous rent controlled tenant paid from the upstairs neighbor and I know when I asked the city for the rent history to verify the amount on my rent stabilized lease, I got what I got: no records kept. It was a rent controlled apartment and as far as I can tell, the guy's lifelong residence.
What year did you get "new laws" about rent regulation? I rented from 2016-2017 and those were the laws as I understood them then. Rent control could pass the place down to those who lived there (there's no lease with a RC apt) and rent stabilization could not change the lease from the leaseholder unless the LL was down with it and they jumped through some hoops.
They might have new, or different, laws pertaining to the rent stabilized units in a luxury 80/20 building.
There were no capital improvements. Other than renovating apartments when they were vacated, the roof leaked badly, they were trying to get a grant to update the heating, there was mold, unbelievable electrical hazards, etc. I know what the previous rent controlled tenant paid from the upstairs neighbor and I know when I asked the city for the rent history to verify the amount on my rent stabilized lease, I got what I got: no records kept. It was a rent controlled apartment and as far as I can tell, the guy's lifelong residence.
What year did you get "new laws" about rent regulation? I rented from 2016-2017 and those were the laws as I understood them then. Rent control could pass the place down to those who lived there (there's no lease with a RC apt) and rent stabilization could not change the lease from the leaseholder unless the LL was down with it and they jumped through some hoops.
They might have new, or different, laws pertaining to the rent stabilized units in a luxury 80/20 building.
first off , rent stabilized apartments ALWAYS had succession rights that can go on forever . that did not change at all .
the new rental laws were passed in june 2019 and pertain to all rent stabilized apartments as far as no more increasing reduced rent . if the apartment is stabilized then the laws apply .
Under the guidelines that took effect in June 2019, preferential rents became permanent for existing tenants. This means that landlords who offered a preferential rent on a unit have to treat it as the new legal base rent for that unit, and cannot increase it to the old legal max at renewal time.
No, sorry, I will stand corrected about the preferential rents and any laws passed in 2019, but no way on this earth were rent STABILIZED apartments made to be passed down for generations. They had leases and the leases had names on them and you couldn't pass them around without cause.
Rent CONTROLLED apartments are the ones where, without a lease, the occupant can stay until the end of eternity and pay like $40, and so can any family living with them, but if you've seen an un-updated apartment after 60 years of someone living in it, you can believe me that it's no bargain. My aunt has lived on the UES in the same tenement apartment for 78 YEARS and had, until recently, a gas meter over the stove, a bath tub in the kitchen, the original sink, NO closets, no annual (or ever) painting, and so on. Because of capital improvements in the building, she pays near $1,000, but you still wouldn't want to move into the place as is, trust me on this.
No, sorry, I will stand corrected about the preferential rents and any laws passed in 2019, but no way on this earth were rent STABILIZED apartments made to be passed down for generations. They had leases and the leases had names on them and you couldn't pass them around without cause.
Rent CONTROLLED apartments are the ones where, without a lease, the occupant can stay until the end of eternity and pay like $40, and so can any family living with them, but if you've seen an un-updated apartment after 60 years of someone living in it, you can believe me that it's no bargain. My aunt has lived on the UES in the same tenement apartment for 78 YEARS and had, until recently, a gas meter over the stove, a bath tub in the kitchen, the original sink, NO closets, no annual (or ever) painting, and so on. Because of capital improvements in the building, she pays near $1,000, but you still wouldn't want to move into the place as is, trust me on this.
Still wrong ...Rent controlled apartments have no lease . So they work differently.
But the idea of succession rights with rent stabilization is that there are people who can qualify to be added to the lease who are not be on the lease ..they can have themselves added if the tenant on the lease goes in to a home or dies ...
Read that again .....
This is basic stuff ..you really need to do some research instead of going by believing your own bull.
What is required to establish succession rights?
To establish succession rights the eligible family or “family-like” member must show that s/he lived continuously in the apartment with the tenant of record since:
The beginning of the tenancy
The beginning of the family relationship
For at least two (2) years prior to the death, departure, or surrender of rights of the tenant of record [or one (1) year if the family member is a senior citizen or disabled].
Succession rights are given by law to certain family members and to other individuals with a “family-like” relationship to the tenant of record who meet succession criteria.
Which family members have succession rights by law?
The family members that can claim succession rights
by law are:
spouse,
child,
stepchild,
parent,
stepparent,
sibling,
grandparent,
grandchild,
parent-in-law,
or child-in-law of tenant of record
Who else may claim succession rights?
Any other individuals, who can demonstrate a “family-like” relationship to the tenant of record and meet the succession criteria may also be entitled to succession rights.
What is a "family-like" relationship?
Factors looked at to determine whether there is a “family-like” relationship include:
Length of the relationship
Sharing of household expenses
Mixing or sharing of finances such as credit cards or bank accounts
Engaging in family-type activities together
The existence of wills, powers of attorney, domestic partnership declarations, etc.
Holding themselves out as family members in public activities
Regularly performing family functions for each other
What’s the process for asserting succession rights in a rent stabilized or rent controlled apartment?
An important first step in claiming your succession rights is to notify the landlord that the prime tenant has moved away or died. You should do this right away and claim your right to the apartment in a letter that you send by certified mail, return receipt requested. Keep a copy of the letter and your proof of mailing. If the apartment is rent-stabilized, your letter should ask for the renewal lease to be sent in your name at renewal time. (Rent-controlled tenants do not have leases, so the lease request does not apply.)
Immediately begin sending the rent under your name—either a check from your personal bank account, or a money order with your name on it. If the landlord refuses or returns rent payments from you, refuses to change the name on the renewal lease to yours, or threatens to evict you, don’t be tricked into sending payments or signing leases in the name of the departed or deceased tenant. Even if the person who moved away is still available to sign a renewal lease, do not let that person continue to sign his/her name for that apartment. Your succession claim could be harmed if a renewal lease is signed, or if rent is paid, under the name of a person who moved away or died. Unscrupulous landlords often try to trick tenants into doing this so that the succession claim is put in jeopardy.
Only rent control was designed as forever, to be handed down.
Rent stabilization works differently in that it isn't passed down through the ages. When times are tough landlords can charge below what's legally allowable, and they do, in order to actually be able to rent the apartment and keep 100% occupancy. They also have the right, at any time, to go from what they charge to what's legally allowable, so if you take a stabilized apartment, you need to know the gap between the legal and preferential rent. A very political arrangement, to me, where they can, as in any market rate rental, pull the rug out from under you whenever the market heats up. You could call it a built-in instability.
I don't see it at the world's greatest program and there are a lot more flaws we could all point out, but I don't get the idea that people think it's so much cheaper and leads people not to want to work. Working people have plenty to work for, especially if they have a family, and a RS apartment isn't like $200. I paid almost $2k at the far end of Queens, 2 hours to midtown on public transportation. They offered me a new lease without an increase because there were vacancies and people weren't lining up at that price. But an increase was legal and they could close that gap at the next lease.
Also, the tenant before me was rent controlled for decades and went out in a body bag. So how did his legal rent, with the legal vacancy allowance, add up to what I was paying? I tried to get a rent history, but was told no records were kept.
To answer your question, it doesn't do me any good to have or not have the program. I just think a lot of people here have a really skewed idea of what it is.
It cheaps the rent just cheap enough so that the lawyer fees are lower while still making it worth while for lawyer. Tenant pays lawyer to delay, delay, delay decision, and find some way to get her some kind of one shot deal or something, and start process over again.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
