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Rent control apt - tenant moving out

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Mrowka

Member
What is the name of your state (only U.S. law)? New York.

My mother in law has been living in this rent controlled apt in NY for 10-15 years now. In December 2007 her adult daughter moved in with her but the lease is still only in my mil's name. Now my mil wants to move out and leave the apartment to her daughter. She was told that because it's her daughter - immediate family member - she can just assume her mother's lease. This would be to her advantage, since otherwise with a change of tennants, the landlord would raise the rent (which is very low for this area due to my mil long tennancy there). Is what she was told the truth? Can she just "pass along" her lease to her daughter?
 


You Are Guilty

Senior Member
What is the name of your state (only U.S. law)? New York.

My mother in law has been living in this rent controlled apt in NY for 10-15 years now. In December 2007 her adult daughter moved in with her but the lease is still only in my mil's name. Now my mil wants to move out and leave the apartment to her daughter. She was told that because it's her daughter - immediate family member - she can just assume her mother's lease. This would be to her advantage, since otherwise with a change of tennants, the landlord would raise the rent (which is very low for this area due to my mil long tennancy there). Is what she was told the truth? Can she just "pass along" her lease to her daughter?
Generally, yes. She will likely not be able to do so until December 2009 though, 2 years from the date she moved in. However, MIL can immediately file form RA23.5 with the landlord so that the transfer can be made in 12/09 with minimal delay.

You can read more about it here:
http://www.dhcr.state.ny.us/Rent/faqs.htm#ol10

And the form can be found here (pdf):
http://www.dhcr.state.ny.us/Forms/Rent/ra235.pdf

Good luck.
 

Mrowka

Member
And the landlord can't raise their rent? Will the daughter be paying the same amount (with the allowed small increases) as my mil?
 

You Are Guilty

Senior Member
And the landlord can't raise their rent? Will the daughter be paying the same amount (with the allowed small increases) as my mil?
Read this link - it gives examples on when rent can be increased and when it can't:
http://www.dhcr.state.ny.us/Rent/FactSheets/orafac30.htm
 

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