Can rent stabilized tenants bring in disabled dad to live with them? (apartments, lease)
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We are in a rent stabilized apartment in New York, married and both our names are on the lease.
Can we legally bring my disabled dad to live with us as he has become home bound in bed, and has no use of his hands. is also pemanently disabled and elderly.
He just gets small a small monthly ss disability check, and has no where else to go, and now depends on us for his survival. We also have durable power of attorney and health care proxy for him.
Is his moving in with us as an occupant legally allowed, and if yes please advise how to proceed with notifying the landlord, and thanks in advance.
Read your lease. Typically, you're restricted to whoever is named on the lease as tenants, and there is usually some sort of clause that you can not have guests stay over more than X consecutive days or Y days a month.
If your lease does prohibit it, talk to the landlord about having him added as a named tenant.
APARTMENT SHARING
It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant and the occupant’s dependent children, provided that the tenant or the tenant’s spouse occupies the premises as their primary residence.
When the lease names more than one tenant, these tenants may share their apartment with immediate family, and, if one of the tenants named in the lease moves out, that tenant may be replaced with another occupant and the dependent children of the occupant. At least one of the tenants named in the lease or that tenant’s spouse must occupy the shared apartment as a primary residence.
A tenant must inform the landlords of the name of any occupant within 30 days after the occupant has moved into the apartment or within 30 days of a landlord’s request for this information. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord’s express consent. Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards. Real Property Law § 235-f.
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I've lived in many rent stabilized apartments in NYC and you can move your disabled father in. You only need to notify, not ask permission. I don't see an issue with it. The problems usually arise when an elderly person moves their adult child and their children in because if they live there for two straight years, they get succession rights on the apartment.
Edited to add: You do not have to add him to the lease if you will be living there longer than he will. If you want to ensure that he has a place to live if something terrible happens to you and your spouse, you can add him to the lease but only after he has been living there for two years.
Can rent stabilized tenants bring in disabled dad to live with them?
Quote:
Originally Posted by cleasach
From the NY Rent Guidelines Board web site:
APARTMENT SHARING
It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant and the occupant’s dependent children, provided that the tenant or the tenant’s spouse occupies the premises as their primary residence.
When the lease names more than one tenant, these tenants may share their apartment with immediate family, and, if one of the tenants named in the lease moves out, that tenant may be replaced with another occupant and the dependent children of the occupant. At least one of the tenants named in the lease or that tenant’s spouse must occupy the shared apartment as a primary residence.
A tenant must inform the landlords of the name of any occupant within 30 days after the occupant has moved into the apartment or within 30 days of a landlord’s request for this information. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord’s express consent. Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards. Real Property Law § 235-f.
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I've lived in many rent stabilized apartments in NYC and you can move your disabled father in. You only need to notify, not ask permission. I don't see an issue with it. The problems usually arise when an elderly person moves their adult child and their children in because if they live there for two straight years, they get succession rights on the apartment.
Edited to add: You do not have to add him to the lease if you will be living there longer than he will. If you want to ensure that he has a place to live if something terrible happens to you and your spouse, you can add him to the lease but only after he has been living there for two years.
Many thanks to everyone, and regarding cleasach's posted reply "thank you as you gave me information and hope which we so desperately needed".
last question should anyone know is when notifying landlord after 30 days pass and dad has moved in, will the landlord send me a written reply and raise the rent right away, or will we see a rent stab raise increase since dad moved in, reflected on the next rent stab lease renewal? thanks in advance for all replies should anyone know.
Many thanks to everyone, and regarding cleasach's posted reply "thank you as you gave me information and hope which we so desperately needed".
last question should anyone know is when notifying landlord after 30 days pass and dad has moved in, will the landlord send me a written reply and raise the rent right away, or will we see a rent stab raise increase since dad moved in, reflected on the next rent stab lease renewal? thanks in advance for all replies should anyone know.
They can't raise the rent based on how many people are living there as far as I know. I grew up in a RS apartment and have lived in many of them. If I'm not mistaken, you only need to notify them that your disabled dad has moved in with you. Send them a certified, return receipt requested letter stating "Due to his condition, my disabled father is now living with us. His name is XYZ. That is it.
If someone moved in with a couple of kids and had another, they can't raise the rent. I've never heard of such a thing. You are allowed to have immediate family move in with you, per the RGB, but in order to add them to the lease, they have to be living there for 2 full years. Proof of such thing is that they have all of their mail delivered to your place and all that kind of stuff.
Don't sweat it. You are perfectly within your rights to do this and should have no increases of any kind because of it. I'm not a lawyer or tenant advocate or anything, I just looked on the RGB's web site.
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Can rent stabilized tenants bring in disabled dad to live with them?
