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Here is my situ....I have a family friend who has a co-op and they are inviting me to stay rent free for a year or until I feel my savings is good. Do they need to do a board package on me? Do I need to get approved by the board? I won't be paying rent since they are family friends. If someone can help me thanks.
Join the Conversation Comments (3)Dear North Fork Investor, I wonder why you are promoting what might be misinformation?
n today's tight housing market one way to make your income meet the rent is to have a roommate. While this can be an excellent way to find (and keep) affordable housing, here are some things you should know:
If you are the only person who has signed the lease, in addition to your immediate family, state law allows you to have one roommate (i.e. an occupant of the apartment who has not signed the lease). Your roommate's dependent children are also permitted. Any lease provisions disallowing a roommate (and dependent children) are illegal. If your lease originally had two or more tenants you may have an additional roommate or roommates provided that the total number of tenants and occupants (excluding occupant's dependant children) does not exceed the number of tenants on the original lease. For example, if three tenants signed the original lease and one moves out, you may have a roommate to replace the departed tenant.
If your apartment is rent stabilized, you may only charge your roommate(s) a "proportionate" share of your rent. A proportionate share is determined by dividing the legal regulated rent by the total number of tenants named on the lease and the total number of occupants in the apartment - not including the tenant's spouse, family members or the roommate's dependent children. For example, if you live with your spouse and two children and only your name is on the lease, and you have a roommate who has one child, only you and the roommate are recognized for the purpose of calculating a proportionate share of the rent. You may therefore charge the roommate up to 50% of the rent.
Check your roommate's background thoroughly. If you don't get along, and your roommate refuses to leave, you do have the right to evict your roommate. However, if the roommate refuses to leave, the ensuing eviction process could be both painful and expensive. Remember, until the eviction process is complete you may have to live with this person.
If you join someone as a roommate (i.e. your name isn't on the lease) another set of problems can crop up. In most instances, if your roommate (the leaseholder) leaves, you have no right to keep the apartment. The primary tenant might also decide to temporarily sublet to someone, in which case you will suddenly have a new housemate not of your choosing.
depends on the coop's house rules. In our coop a roommate requires board approval and that requires a package. All you can do is remind your family friend that his coop might have some kind of roommate rule.
As long as the owners are there most of the time this is 100% a protected law in NYC including coops, condos etc. One person (plus, I think their child). The landlord (coop) may only ask for the name of the person but may not impose any other restrictions or ask any other questions. If they do, cite the roommate law.
No, you shouldn't be required to fill in application as long as your friends stay in the apartment.
when you mean "stay in the apartment" do you mean actually live the apt with me or have have them still own the apt. They are going to be owning the apt still , but not living with me. Will the board still need to approve me.
If the owners of the apartment are not living in the unit with you, then the Roommate Law does not apply. It's a straight sublet, and both you and the owners will have to follow whatever protocol the coop requires. Some coops don't allow subletting at all.
Although it may be tempting, don't try to move in and hope no one notices. If you're caught, it means major headaches for both you and the owners of the apartment. The owners will have breached their Proprietary Lease and will be responsible for all the coop's legal fees in getting you evicted.
Of course there was a NYC judge who ruled that that the Roommate Law *did* imply a right to sublet without permission (Lincoln Guild Housing Corporation v. Stuckelman). But everyone knew that was an absurd ruling that was going to get overturned on appeal, and it was.
yes RW, "stay" means they live there and you get to use the extra bedroom.
If they don't live there or partially live there you'll probably have to go through a board approval.
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depends on the coop's house rules. In our coop a roommate requires board approval and that requires a package. All you can do is remind your family friend that his coop might have some kind of roommate rule.
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