rent controlled

[infamous_insane]

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


Is it true, in Manhattan, in a rent controlled appartment involving elderly residence, that if one of the 2 die, the apartment management could move the survivor to a smaller appartment?

 

[Mrs. D]

I don't know the answer to your question myself, but the NY Times recently did a series of blog discussions on landlord/tenant issues in NYC. I bet there's some good information in there (The New York Times - Breaking News, World News & Multimedia).

 

[infamous_insane]

so,,, is that a nobody knows?

 

[You Are Guilty]

Not happy about having to wait a whole hour till someone answers your question?

But yes, I know the answer. I'm not currently in the mood to explain all the details myself, but you can find what you're looking for here:
http://www.housingnyc.com/html/resources/dhcr/dhcr30.html

 

[HomeGuru]

so,,, is that a nobody knows?

**A: I know but you are not patient and patience is a virtue.

 

[infamous_insane]

Not happy about having to wait a whole hour till someone answers your question?

But yes, I know the answer. I'm not currently in the mood to explain all the details myself, but you can find what you're looking for here:
NYC Rent Guidelines Board

Now that was helpfull, Thank you.

 

[HomeGuru]

Now that was helpfull, Thank you.

**A: so tell us what you've learned. Good news or bad?

 

[infamous_insane]

yea, I dont really get it at the moment,

Realy I just want to know, but if I must investigate on my own, that is the site to do it.

 

[You Are Guilty]

Sigh.

It depends. On what, you ask? On the LL's reason for moving the person, the relationship of the people living in the unit (to each other), their ages and how long each one resided there.

For rent stabilized apartments outside NYC and rent controlled apartments statewide, an owner may not evict a tenant for the purpose of owner occupancy where any member of the tenant's household is 62 years of age or older.

Beyond that, I'd strongly suggest you contact DHCR to get more information:
http://www.dhcr.state.ny.us/AboutUs/contact.htm#ora

 

[infamous_insane]

The couple (was a couple) 69, the husband died and they lived in a 2 bedroom (wife still lives there)

The wife is worried since she is no longer a couple, the owner of the building will want to move her to a smaller place, and she has no children to put on the lease (nevermind no one but husband and wife lived there forthe past 30-40 years)

Is this legal. Does she have a valid worry?

 

[infamous_insane]

I have throughly read the guidelines, and I still am unsure, If the lease is changed because one of the lease holders are dead, does that void the lease and does she have to move if the LL demands her too?

 

[xylene]

Bottom line -

I have throughly read the guidelines, and I still am unsure, If the lease is changed because one of the lease holders are dead, does that void the lease and does she have to move if the LL demands her too?

If the landlord makes ANY demand to move or swap or claims the lease is void; contact a lawyer.

 

[infamous_insane]

If the landlord makes ANY demand to move or swap or claims the lease is void; contact a lawyer.

ahhhh Thank you for that streight forword answer that covered my question..