NYC Rent Stabilization Laws

[smirkymonkey]

I am wondering if any New Yorkers have any info about subletting in a Rent Stabilized apartment.

I recently moved into a one bederoom (technically) rent-stabilized apartment with the craziest, most self-absorbed, money-grubbing slimeball in Greenwich Village. She has been in the aparment for about 30 years, and I know she is paying next to nothing in rent.

I am paying $1000 per month for an alcove in this apartment that is partitioned off with a curtain. That is my only space in the apartment and it's only big enough to turn around in w/ a bed and dresser (seriously). She is trying to hit me up for all kinds of money for her past due bills and she's basically a slimeball - trying to get me to pay for repairs and replacements that were necessary before I moved in.

Anyway, before you call me a fucking idiot for moving in with this person (didn't know what I was getting into and I am on one of the most beautiful streets in the village which is why I took it) I was wondering if any of you have any advice or experience with this kind of thing and if you do, could you please relate your experience?

Thanks!

[DoYouEverWonder]

1. Call up the housing dept.

as long as she actually lives in the apartment, I don't think they would be able to not let her to have a 'roommate'. It would be a problem only if she was subletting and not actually living there most of the year herself.

[aquart]

4. Depends.

If the lease specifically says that it's a one-person occupancey, there might be a problem if the landlord wants that kind of a legal fuss.

My original lease is for 2.

But I can't imagine being nasty enough to try and get the both of you evicted. It's not as though the roommate would get the apartment. If the control is broken, it goes to market value.

[aquart]

2. First of all, she is NOT paying next to nothing.

She is probably paying less than what is laughingly considered market value these days, but her rent automatically increases every one or two years depending on her lease. You seem to be confusing rent stabilized with rent controlled.

If her income is fixed, then the increases are probably squeezing her tighter and tighter. Which is why she has to take a roommate. That's right, you are NOT subletting. You're a roommate. A sublet takes over the space.

You're the one who chose to rent the space. If you don't like it, you are NOT on a lease and have no legal obligation to stay. I suggest you start looking.

[ovidsen]

5. Her rent's below market.

Here's the way Rent Stabilization worked when I lived in NYC. You sign a lease, and move into a rent stabilized place. During your stay there, the landlord can only raise the rent to the maximum allowed by the Rent Stabilization Board. This increase usually parallels, and is rarely higher than the cost of living increase over the same period, no matter how much your neighborhood has changed for the better.

HOWEVER, when you move out, the landlord can then boost the rent to it's market value, which is much more loosely defined. The cycle then repeats itself. The new tenant's rent is covered by stabilization, until he or she moves out. Then the cycle starts all over again.

That's why NYC apartment buildings have such wildly divergent rents. If tenant A has been there for 30 years, he/she is paying a lot less than tenant B, who just moved in, and whose apartment (exactly the same as tenant A's) had a dozen earlier tenants over the same 30 years. This is especially true in neighborhoods like the East Village, Clinton (formerly Hell's Kitchen), and Harlem, which over the past decade or so have become a lot more desirable than they once were. The urban pioneers who moved in first and stayed have the low rents. The latecomers pay a premium.

You are correct, though, about her circumstances if she (the lease holder) is on a fixed income. She could be getting squeezed.

[smirkymonkey]

7. I did not sign a lease w/ the building, but she made me sign

a "lease" that she typed up. I am not interested in getting her evicted unless she tries to screw me over. The thing is, I don't think her lease is legally binding or would hold up in court because then HER landlord would get involved and find out how much she was charging versus what she is paying.

The last roommate has also threatened to report her to the rent board because she screwed her out of the deposit and used the money to pay "bills."

Basically, I just want to know if I can bail without being liable for anything. I can't take her insanity anymore.

[ovidsen]

3. Is your name on the lease?

If it isn't (and I suspect that's the case) then you're not covered by Rent Stabilization. You are a roommate in her apartment and, technically, she can charge whatever she wants. Your presence may violate the terms of her lease (possible ammo against her), but it's not illegal.

You aren't obligated to pay for repairs or apt. replacements; that's the landlord's job. But if she's paying as little rent as you think she is (and if she's been there for 30 years, I bet her rent's laughable), her landlord has zero motivation to fix up her place.

I do not envy your position.

[smirkymonkey]

8. My name is NOT on the original lease, but she made me sign a

"lease" that she typed up herself. However, this could work against her if she ever tried to make it hold up in court.

At this point, I just want out and I am ready to take my losses - but no more than that. She's a total nightmare.

[ovidsen]

10. That lease is probably worthless.

And I bet she won't put up that much of a fuss if you move out. There are lots of other "suckers" who would be more than willing to take your place. Manhattan is SO damn desirable.

In the meantime, GOOD LUCK in finding a new place. I know from experience that apartment hunting in NYC can be a real bitch.

[smirkymonkey]

11. Thanks Ovidsen!

I appreciate your advice and well wishes! :hi:

[bluestateguy]

6. I made a decision a few years ago about Manhattan

That I'll never live there unless I make $200,000 a year (in 2005 dollars). I need my space.

[smirkymonkey]

9. That was a wise decision - I am having the same thoughts.

I am also out of work and thought I am looking for a job, and I expect to find one soon enough, anything under $100K is not a living wage in this city. You need $200K to live comfortably at least.

I just turned 42 and I am tired of living with other people. Maybe it's time to go.