Disclaimer: By
providing answers to frequently asked questions, the staff of the
Rent Guidelines Board attempts to clarify the often complex programs
and regulations governing landlord tenant relations in NYC. However,
the information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board nor
should this information be used to substitute for advice of legal
counsel.
If
a stabilized tenant leaves a co-op, is that unit no longer stabilized?
Yes.
An apartment in a co-op building that experienced a vacancy after conversion
is generally no longer subject to rent stabilization. If you are a rent-stabilized
tenant who has occupied the unit when the building was converted to co-op,
then the only way the unit remains under stabilization is if you stay as
a tenant. Once you leave, the holder of unsold shares can sell the unit
or charge a market rent to the next tenant.
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If
I buy a condo or a house, will it invalidate my stabilized lease?
You
can buy a condo or home so long as you rent it out or use it only for seasonal
use. If the rent stabilized apartment is your primary residence, you remain
protected under the law. The landlord may, however, question your primary
residence and refuse to renew your lease. If you are taken to court and
fail to prove that you have an ongoing physical nexus with the apartment
as your primary residence, you could lose the apartment. One factor the
court will consider is whether you spend at least 183 days in the apartment
each year. The court may also look at tax filings, voter registration,
drivers license and other indicators of primary residence. No one factor
is dispositive. For example, musicians, actors and diplomats often travel
extensively and may, in some years, be "home" only a few months.
Further, some people keep their cars at seasonal residences to avoid the
expense of parking and insurance in the City. If you fail to show that
the apartment is truly your primary residence you may face eviction.
It
is important to note that most leases have attorney's fees clauses. If
you fail to prove your case, the landlord may be entitled to impose his
or her attorneys fees on you. Reciprocally, if you prevail and your lease
has an attorneys fees clause, by operation of law, you may be entitled
to have the landlord pay your legal costs.
We
strongly advise that you consult with a private attorney before making
such an investment. Legal affordable assistance is discussed
on our site. You may want to contact one of the following tenant groups
who can also advise you on finding an attorney if necessary.
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I
am a rent stabilized tenant in a building that has been converted to
a co-op. The Board is seeking to evict me by claiming that the apartment
is not my primary residence. What can I do?
First,
non-primary residence is not a ground for your immediate eviction. It is
a ground for non-renewal of your lease. Under the current law, the landlord
must write to you between 90 and 150 days before your lease expires of
his or her intention not to renew. Once the proper notice is given and
the lease expires, the landlord may then proceed with an eviction.
The
question is whether or not you have maintained an ongoing "physical
nexus" with the premises. We suggest that you collect proof that your
primary residence is just that - - your primary residence. This can include
copies of your taxes, car registration, voter registration, all showing
the primary residence as your address of record. Even ATM withdrawals,
bank statements and bills can be used as proof. It is likely that the matter
will come to Housing Court, and you will have to provide evidence that
your apartment is your primary residence.
According
to the Division of Housing and Community Renewal (DHCR), the state agency
that administers the rent laws, the concept of primary residence is based
on a preponderance of evidence. There is no strict number of days per year
that a stabilized tenant is required to live in his/her primary residence,
although the DHCR has established 183 days as a guideline. Also, the burden
of proof is on the owner, but beware, many of the items listed above are
public information and are easily accessed by your landlord. Moreover,
your landlord will most likely seek and be granted discovery rights in
Housing Court. That means you may be required to answer questions under
oath and produce documents as demanded.
As
noted in response to the previous question, most leases have attorneys
fees clauses. If you have such a clause in your lease and you fail to prove
your case, the landlord may be entitled to collect his or her attorneys
fees from you. Reciprocally, if you prevail and your lease has an attorneys
fees clause, by operation of law, you may be entitled to have the landlord
pay your legal costs.
Primary residence cases are complex matters and you are strongly advised
to consult with an attorney. You may want to contact one of the following
tenant groups who can also advise you on finding an attorney if necessary.
Also,
visit our website for more information on attorneys
and Housing Court. Or, check our FAQ section on Primary
Residence questions.
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Can
I sublet a co-op?
This
depends. Co-ops are not truly "owned" by the purchaser. Rather,
shares of stock in co-op buildings are purchased, giving the "owner" tenancy
rights in the unit purchased. The lease is known as a "proprietary
lease" and operates generally the same way as a regular lease. Thus,
the shareholder of a co-op is also a tenant. However, co-op tenants do
not have statutory rights to sublet like other tenants. Whether a co-op
unit may be sublet depends on the policies of the co-op board.
Some
co-ops allow shareholder/tenants to sublet their apartments. Others strictly
forbid or regulate such practices. Co-op sublets are not subject to rent
stabilization. The rights and obligations of the parties are generally
spelled out in the sublet agreement subject to the terms of the shareholder/tenant’s "proprietary
lease" and the co-op’s governing rules.
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I'm
a stabilized renter in a co-op - how enforceable are the picky new house
rules set by the co-op board?
The
rights and obligations of rent stabilized tenants are set forth in the
law and their respective leases. Such leases must be renewed on the same
terms and conditions as expiring leases. Consequently, co-ops may not impose
substantial new obligations or restrictions on rent stabilized tenants.
We advise, however, that tenants should cooperate and abide by reasonable
house rules. House rules which regulate such things as noise, elevator
use for moving, pet care and so on generally benefit all. Moreover, they
usually cover many of the same areas as leases - which are generally enforceable
by the co-op board.
If
the co-op substantially restricts or changes building services , this may
constitute a decrease of services. Such changes may be challenged before
the New York State Division of Housing and Community Renewal which administers
the rent laws. Their number is (718)739-6400.
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My
rent stabilized building converted to co-ops under a non-eviction plan.
Does this mean I can keep my apartment indefinitely?
Yes,
according to the NYS Attorney General's office, under an non-eviction
conversion plan an outside purchaser of an occupied apartment may not evict
you. You may continue in occupancy as a rent-stabilized or rent-controlled
tenant, paying rent to the outside purchaser or the sponsor, who must provide
all the services required under applicable laws.
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My
rent stabilized building converted to co-ops under an eviction plan.
How long do I have to find a new apartment?
According
to the NYS Attorney General's office, under an approved eviction conversion
plan non-purchasing tenants may not be evicted for a minimum of three years
from the date an eviction plan is declared effective. Eligible senior citizen
and disabled tenants may not be evicted at any time unless they breach
their leases. Rent-stabilized tenants whose leases expire less than three
years after the date the plan is declared effective are entitled to renewals,
subject to rent increases authorized by the Rent Stabilization Law, extending
the lease to the end of the full three-year period. Rent-stabilized tenants
whose leases already extend beyond three-year period may not be evicted
until their leases expire.
Disclaimer: By
providing answers to frequently asked questions, the staff of the
Rent Guidelines Board attempts to clarify the often complex programs
and regulations governing landlord tenant relations in NYC. However,
the information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board nor
should this information be used to substitute for advice of legal
counsel.
RGB Page Updated 1/15/2010
