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Can my son stay in an apartment I rent if I leave?

Discussion in 'Rental Agreements & Subleases' started by LegalChess17, Oct 7, 2019.

  1. LegalChess17

    LegalChess17 Law Topic Starter New Member

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    Jurisdiction:
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    Hi,

    I rent an apartment in Manhattan, NYC which is rent controlled and obviously, the rent is "below market value" for the neighborhood. My son lives with me and I am planning on leaving the apartment but he was going to stay because of the low rent.

    Is it true that he can not stay because he is not the renter? Is this how it is? I tried looking up the law but couldn't find anything.

    I just want to know what the law is.

    1) I thought immediate/direct family members (i.e. husband/wife, mom/dad, brother/sister, son/daughter) who lived in the same apartment were entitled to stay should the person with the name on the lease move out.

    2) I thought one could ask for a family member living in the apartment to be added to the lease.

    3) Is there a law that states a renter must reside in the apartment they rent for any specific length of time? If so, what is the legal minimum?

    This is all to know my rights and my son's rights (if he has any). He has lived there with me his whole life. If he has no rights, then he has no rights but thought I should find out before getting foot in mouth disease with the landlord.

    Thank you.
    Fritz
     
  2. army judge

    army judge Super Moderator

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    You should pose all of your questions to a NY state lawyer familiar with NYC rent stabilization laws, your elected NYC council member, the mayor's office, or NYC


    To qualify for rent control, a tenant must have been continuously living in an apartment since July 1, 1971, or be a qualifying family member who succeeded to such tenancy.

    I suspect that your son would qualify as such a "family member".

    When vacant, a rent-controlled unit becomes "rent stabilized", except in buildings with fewer than six units, where it is usually decontrolled.

    Rent control refers to a tenant who has been living continuously in an apartment from July 1, 1971—yes, 1971—in a building constructed before 1947.

    The NYC Rent Control Agency/Board website:

    Rent Control - Rent Guidelines Board

    You can also call NYC "311" or visit their website:

    Home · NYC311
     
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  3. zddoodah

    zddoodah Well-Known Member

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