Issue with roomate - My name is not on the least

[Linenoise]

What is the name of your state (only U.S. law)? ny

Hi - I have been living in an upper west side apartment with a lady for over 4 years now. My rent is up to date. I've had a very close relationship (mother/son type relationship - her words, family's words not mine) since that time. I helped take care of her son for over 3 years, he had ALS. There were a few occasions have helped this lady too - she has become worse lately (She's very elderly) and right now walks with a walker (That I bought for her)

No one else lives here, no family members - Just me and the tenant of the apartment. Her son, who does not live here (and has not lived here the entire time I have lived here, no other family members have either) has taken a big interest in seeing me move out. I know there is no way on earth that this lady for all I have done would suddenly throw me out. I know it's her son pushing the issue because he wants succession rights (He has the cable bill in his name sent here, my guess is to convince the building he has succession rights) I know this because I overheard a phone conversation - I'm not a fluent spanish speaker so I assume he didn't think I'd understand when he said "Obtendremos derechos de sucesión" which means We'll get succession rights in spanish (the sucesion gave it away) probably talking to her sister who has also taken an interest in seeing me leave. (For over 4 years they were out of it, it seemed they started showing up when the mother got ill)

The mother - she loves her family. I understand no matter how deviant the son is she'll take his side, Blood is thicker than water - I get it...even despite them including me as family.

I have no time to move out now. I'm out the door at 830am for work and back by 4 or 5pm if I'm lucky. I work from home fridays but it's WORK. If this was a situation where the mother wanted me to leave on her own for whatever reason I'd accept that. Also her son told me I had to move out, for almost a month the relationship remained unchanged, still wanting to cook me meais - helping her when her cable went out (She would often knock out the plug vacuuming) and a few weeks ago she suddenly told me she wanted this room for her family members - and there is a spare bedroom that is empty. (I even lived in that room for 8 months - I was asked back in april if she can have it back, for family members (the room is still empty btw) - I gave it back with no problem knowing if members of her family were here it would lift her spirits. She even asked me if I were moving out - I told her i needed the space but not right away, I can manage. Her son again got involved with that when I wasn't moving fast enough - giving me a day to move out of that room, he was riding me, pushing me and I was dealing with work so I literally just threw out a 500 dollar bed given a few more days I would have had a friend store it for me, he wanted it out that day. (I even offered to give her the bed, btw)

I know they can't just throw me out without giving notice - but if I do get that notice I was wondering if anyone here knew what my options were. Again rent is up to date, I am not a criminal/don't have a criminal record - I don't do drugs(Don't do drugs, or even smoke cigarettes period - the smell of pot disgusts me) And not a heavy drinker (I hit my local pub once every couple of weeks or so - if that.) The only time the police were here is when I called 911 a few times when the mother needed to go to the hospital.

I know I'm just venting here - and I am a little its a frustrating time, just want to get an idea of my legal options - Again I know they can't throw me out without giving me legal notice but I would like to live here longer (and pay my rent of course, as I have been doing) Thank you in advance, any advice would be appreciated. Thank you.

 

[FarmerJ]

If her son doesn't live there next time around when he is demanding tell him to bite rocks and remind him that NY rental laws are very tenant friendly. When you speak of succession with this apartment is it one of them (stabilized rentals ) ? if it is and the children push you out even if mom signs the notice go talk to the landlord ( I would if it was me )

 

[Linenoise]

Thank you for your response. Are they still tenant friendly even if my name is not on the lease? I don't know what the difference is between rent stabilization and rent controlled - she moved in here over 40 years ago and not every apt in this building has the cheap rent she's paying, thx.

 

[Linenoise]

Also please note - if you are an attorney and you practice in NY, please feel free to contact me privately. Not looking for anything for free, and don't expect you to work for free - thx.

 

[HRZ]

The tenant has a big set of due process steps to evict you in NY ...and she needs to get steps right .....but that's not the core issue as I sense your post....rights to succession at way below market rentals are a super big issue and in some cases a game field, in many parts of New York .....in general non family members cannot acquire succession rights . These rights can mean the difference of several thousand $ a month in rent

And in general the family member seeking to claim succession rights needs to be living there for say 2 + years , hence the schrade to create a presence there .

I have a few friends in NY who played the game well, and a few who did not and lost the price protection ....and to some extent this in not your business ...that said I'd keep exquisite safe logs of the rest of family not living there and perhaps pictures of empty bedroom.....just in case .

 

[Linenoise]

I already did that - and I am also going to record any conversations going forward.

 

[Linenoise]

The tenant has a big set of due process steps to evict you in NY ...and she needs to get steps right .....but that's not the core issue as I sense your post....rights to succession at way below market rentals are a super big issue and in some cases a game field, in many parts of New York .....in general non family members cannot acquire succession rights . These rights can mean the difference of several thousand $ a month in rent

And in general the family member seeking to claim succession rights needs to be living there for say 2 + years , hence the schrade to create a presence there .

I have a few friends in NY who played the game well, and a few who did not and lost the price protection ....and to some extent this in not your business ...that said I'd keep exquisite safe logs of the rest of family not living there and perhaps pictures of empty bedroom.....just in case .

Also as far as it not being my business - I didn't create the situation I'm dealing with it.

 

[FarmerJ]

A friend of mine since the middle 1980s Dan he was from the Bronx, his mom and dad were in a apartment under the original rent control laws , by the time his parents retired his dad and mom had not gotten along real well in their later years in that apartment , Dan had bought his first house In S Mpls and his dad moved in , Dans mom wouldn't give up that rent controlled apartment for ANYTHING including to be with her husband, Dans parents moved in to it in 1953 eventually that neighborhood I was told became a horrible place to live but his mom refused to give the place up and stayed until she died. Another old friend of mine S lives in Brooklyn and is in a stabilized apartment and has lived there for over 25 years now and told me his rent is about a third of the rent the LL can get from new move ins. As to your states laws and your being in what is considered a sublet the person you rent from is not excused from landlord tenant law and in your state and city landlord tenant laws really tend to favor tenants. ( A professor I know in Brooklyn was under the old style rent control for almost 30 years in a six unit when the law changed , he had been very apprehensive about the change and his LL didn't do massive increases , he tells me he still pays less than some of his neighbors , but his landlord was more interested in retaining his three longest term tenants.) SO stand firm if they are sloppy about following the law and the lady you rented from is going to have to get used to more alone time as you begin to look at rentals , you might as well start at least looking. you know I cant help but wonder if her relatives are more interested in the apartment than they are her ?