I recently got married and moved into my wife's one-bedroom apartment (that she owns), in Queens County, NY. As it states in the Lessee Agreement, every resident of this Co-op building must comply with the House Rules that clearly outline expectations of all tenants—both current and new.
One of the House Rules, Provision 28, deals with situations where a new person moves into a unit without actually purchasing the unit, i.e. either sharing the apartment with the owner ("Roommate") or subletting from the owner while the owner lives elsewhere ("Sublessee"). The House Rules are clear about the required actions for new tenants in both situations:
Roommates must notify the Board within 30 days of moving-in and must, then, stand before the Board for a briefing on the House Rules.
Sublessees must complete a full application for the purpose of a background check and credit check. This also entails about $250 in application fees.
Since I clearly fall into the Roommate category, I notified the Board within the 30-day timeframe and requested an appointment to meet with the Board. Instead, I received a letter from the Board President stating I need to fill-out a full application, submit to the credit check and pay the appropriate application fees as a Sublessee.
I replied with another letter stating that, since I fall under the Roommate category, I shouldn't need to do that but would be happy to comply with the applicable requirements for a Roommate—that is, meet with the Board for a briefing on the House Rules.
Just yesterday, I received yet another letter from the Board President stating that the PATRIOT Act requires new tenants of any apartment building in the United States to complete such an application, suggesting that this deviation from their own rules is only in accordance with Federal law.
Questions:
1. Is it true that the PATRIOT Act requires background-check applications for all persons taking up a new residence, thereby superseding all private housing policies?
2. If so, are credit checks and/or arbitrary application fees part of that Federal mandate?
Thanks in advance,
J.
One of the House Rules, Provision 28, deals with situations where a new person moves into a unit without actually purchasing the unit, i.e. either sharing the apartment with the owner ("Roommate") or subletting from the owner while the owner lives elsewhere ("Sublessee"). The House Rules are clear about the required actions for new tenants in both situations:
Roommates must notify the Board within 30 days of moving-in and must, then, stand before the Board for a briefing on the House Rules.
Sublessees must complete a full application for the purpose of a background check and credit check. This also entails about $250 in application fees.
Since I clearly fall into the Roommate category, I notified the Board within the 30-day timeframe and requested an appointment to meet with the Board. Instead, I received a letter from the Board President stating I need to fill-out a full application, submit to the credit check and pay the appropriate application fees as a Sublessee.
I replied with another letter stating that, since I fall under the Roommate category, I shouldn't need to do that but would be happy to comply with the applicable requirements for a Roommate—that is, meet with the Board for a briefing on the House Rules.
Just yesterday, I received yet another letter from the Board President stating that the PATRIOT Act requires new tenants of any apartment building in the United States to complete such an application, suggesting that this deviation from their own rules is only in accordance with Federal law.
Questions:
1. Is it true that the PATRIOT Act requires background-check applications for all persons taking up a new residence, thereby superseding all private housing policies?
2. If so, are credit checks and/or arbitrary application fees part of that Federal mandate?
Thanks in advance,
J.
