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Roommate or Sublet???Jul 31, 2008


One of our shareholders has had a revolving door of, so called: roommates. The shareholder does live in the apartment as well.

Therefore our board would like to say:
Hey this does not appear to be a roommate situation (allowed by law), and not subject to board approval, but a sublet situation, subject to board approval, or rejection.

Any other coops have similar situations and how did you handle it?

We are having a problem with the transient nature of the roommate relationship.

Join the Conversation Comments (1)
Occupant or Sublet - AdC Jul 31, 2008


As long as your shareholder lives the unit, you are talking about visitors or roommates if more than 30 days. The revolving door nature is not explained much. What are you talking about? Twelve individuals in one year? You also need to consider the character of your PL, which probably states that a visitor can reside with a resident up to 30 days w/o giving notification to the Board. In other words, you are entitled to have as many friends visitng you for the period of 30 days w/o breaking your PL. For your info, the NYS Rental Guidelines states the same 30 days and notify landlord of an occupant if longer time is involved.

AdC

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> Join the conversation Comments (1)
Once a year - Albert Jul 31, 2008


This shareholder has had a new 'roommate' once a year for the past 3 years, causing some concern amongst shareholders who have asked the board to intervene.

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> Join the conversation Comments (1)
Re: Once a year - GK Aug 01, 2008


You can direct those concerned shareholders here: http://law.onecle.com/new-york/real-property/RPP0235-F_235-F.html

---and that should be the end of the story, unless and until the law in the state of New York changes.

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> Join the conversation Comments (2)
Thank you and excellent! - AdC Aug 03, 2008


Your website citation confirms the 30-day information rule. I would strongly suggest obtaining the name of the occupant and estabish a policy for conducting a meet-and-greet session with the new occupant. The purpose would be to go over the house rules even in the presence of the shareholder. With good interviewing skills and good observation of body language, you may find alot about the occupant including relationship and perhaps surprise information that may be critical in finding out why the shareholder changes roommate so often.

Key items of the website citation are:

5. The tenant shall inform the landlord of the name of any occupant
within thirty days following the commencement of occupancy by such
person or within thirty days following a request by the landlord.
6. No occupant nor occupant's dependent child shall, without express
written permission of the landlord, acquire any right to continued
occupancy in the event that the tenant vacates the premises or acquire
any other rights of tenancy; provided that nothing in this section shall
be construed to reduce or impair any right or remedy otherwise available
to any person residing in any housing accommodation on the effective
date of this section which accrued prior to such date.

I would strongly suggest obtaining the name of the occupant and conduct a meet-and-greet session with the second occupant. In the meeting you may find, with a good art on interviewing, the relationship of this person to the tenant (shareholder) and also know the type of character this person is all about.

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> Join the conversation
Thank you and excellent! - AdC Aug 03, 2008


Your website citation confirms the 30-day information rule. I would strongly suggest obtaining the name of the occupant and estabish a policy for conducting a meet-and-greet session with the new occupant. The purpose would be to go over the house rules even in the presence of the shareholder. With good interviewing skills and good observation of body language, you may find alot about the occupant including relationship and perhaps surprise information that may be critical in finding out why the shareholder changes roommate so often.

Key items of the website citation are:

5. The tenant shall inform the landlord of the name of any occupant
within thirty days following the commencement of occupancy by such
person or within thirty days following a request by the landlord.
6. No occupant nor occupant's dependent child shall, without express
written permission of the landlord, acquire any right to continued
occupancy in the event that the tenant vacates the premises or acquire
any other rights of tenancy; provided that nothing in this section shall
be construed to reduce or impair any right or remedy otherwise available
to any person residing in any housing accommodation on the effective
date of this section which accrued prior to such date.

AdC

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> Join the conversation Comments (1)
wrong ADC. roommate law overrides... - st Aug 03, 2008


the roomate law , fortunately, overrides any coop rule. period. A coop may only ask the name of the additonal occupant. they may NOT ask about the relationship or any other questions. THERE DOES NOT HAVE TO BE ANY 'MEET AND GREET'. This is a fantastic law as it is the only one wihch gives shareholders a little taste of normalacy as to what it is like to actually own your own home (can rent it whenever you want, have privacy, have roommates , have lovers move in etc). Bravo for the roommate law!!

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> Join the conversation Comments (2)
Re: wrong ADC. roommate law overrides... - GK Aug 03, 2008


"THERE DOES NOT HAVE TO BE ANY 'MEET AND GREET'."

That's right. Insisting on a "meet and greet" is, to my mind, an invasion of privacy and is not a legal requirement. So...why do it?

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> Join the conversation Comments (3)
To my mind? - AdC Aug 03, 2008


Again... your opinion (to my mind)is as good as a meet and greet, just a matter of opinion.

AdC

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you can do NOTHING about this... - bottom line Aug 04, 2008


adc - the person who asked the question can do nothing but ask the name of the roommate. they can change them every week if they like. the roommate law is the roommate law. probably there are some buisy bodies in this person's building that have nothing better to do than spy on the neighbor. or they, themselves, may not like that particular resident who owns that apartment. however, the bottom line, is they can do NADA> (Thank god).

unless the roommates are running naked in the halls and selling crack from the apt. but it would have to also be really obvious.

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It all depends what you want... - AdC Aug 04, 2008


No need to shout your opinion. In fact, I know what the roommate law is all about. Best thing is consult your counsel and discuss what is intended and implement the program that falls within the parameters of the law.

No additional replies will be posted again!!!

AdC



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Then you read me wrong... - AdC Aug 03, 2008


I said a skilled interviewer may be able to get more out of a meet and greet meeting than just a review of the HOuse Rules.

Obviously, in the case of the person who requested the information, he/she was not just talking about a normal roommate who comes into the unit, but someone who changes roommate every year and provides the impression of subrenting the unit.

Finally, since you are a co-op a meet and greet to go over rules may be in order. It's all up to the board and what they want to see established.

Regarding normalcy and ability to have roommates as you please, etc. is not an issue here. I'm giving some suggestions to someone who has a situation and wishes to explore what can be done.

AdC



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