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Question on adding someone to the lease Modifying a Lease

Discussion in 'Rental Agreements & Subleases' started by Red_Tony, Jul 11, 2018.

  1. Red_Tony

    Red_Tony Law Topic Starter New Member

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    Jurisdiction:
    New York
    Hi.

    I am over 21 years old and live with my mother in a rent-stabilized apartment. She is about to renew her lease and would like to add me to the lease in case anything should happen to her. (Currently, it's in he name alone.) The landlord said the addition would require a 20% increase in rent. Can he legally do this?
     
  2. zddoodah

    zddoodah Well-Known Member

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    Is the apartment in New York City?
     
  3. Red_Tony

    Red_Tony Law Topic Starter New Member

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    Yes. The apartment is in Brooklyn. BTW, I've been living there for many years, and the lease has no mention of how many tenants occupy the apartment. If something unfortunate should happen to my mother, I would like to have my name and signature on the lease so I can continue living there. Preferably keeping it rent-stabilized.
     
  4. army judge

    army judge Super Moderator

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    Possibly, if it is done correctly.

    I suggest you read the existing lease to ensure just what is allowed.

    Then, refer to these articles and/or sites:

    Loopholes allow New York landlords to boost rents on stabilized apartments



    If the apartment is rented by the NYCHC:

    http://www.nyshcr.org/Forms/Rent/ralr1.pdf

    What the law mandates:

    LandlordsNY - Rent Stabilized Tenant Requesting Spouse Be Added to Lease

    What might be allowed:


    Discussion of NYC rent increases:

    New York City Rent Increase


    Tenant rights guide published by NY State AG:

    https://ag.ny.gov/sites/default/files/tenants_rights.pdf

    This addresses your question, "succession rights":

    Ask Sam: Can my kids and grandkids take over the lease to my rent-stabilized apartment?

    Fact sheet about succession rights:

    http://www.nyshcr.org/Rent/FactSheets/orafac30.pdf
     
  5. zddoodah

    zddoodah Well-Known Member

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    NYC rent stabilization laws are rather complex, and it's highly unlikely that anyone other than a local attorney who specializes in this area will be able to provide a reliable answer.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    The NYC Rent Guidelines Board might be able to.

    Rent Guidelines Board
     
  7. mightymoose

    mightymoose Well-Known Member

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    Dies the rent include any utilities? If so, this would be justification for the rent increase.
     

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