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  1. #1

    Question Can My Son Stay in an Apartment I Rent if I Leave

    My question involves landlord-tenant law in the State of:

    New York, NY

    Hi,

    I rent an apartment in Manhattan, NYC which is rent controlled and obviously, the rent is "below market value" for the neighborhood. My son lives with me and I am planning on leaving the apartment but he was going to stay because of the low rent.

    Is it true that he can not stay because he is not the renter? Is this how it is? I tried looking up the law but couldn't find anything.

    I just want to know what the law is.

    1) I thought immediate/direct family members (i.e. husband/wife, mom/dad, brother/sister, son/daughter) who lived in the same apartment were entitled to stay should the person with the name on the lease move out.

    2) I thought one could ask for a family member living in the apartment to be added to the lease.

    3) Is there a law that states a renter must reside in the apartment they rent for any specific length of time? If so, what is the legal minimum?

    This is all to know my rights and my son's rights (if he has any). He has lived there with me his whole life. If he has no rights, then he has no rights but thought I should find out before getting foot in mouth disease with the landlord.

    Thank you.
    Fritz

  2. #2
    Join Date
    Oct 2016
    Posts
    3,240

    Default Re: Can My Son Stay in an Apartment I Rent if I Leave

    Here is some good info straight from the NYC Rent Guidelines board.

    http://www.nyshcr.org/Rent/FactSheets/orafac30.pdf

  3. #3
    Join Date
    Mar 2013
    Posts
    17,155

    Default Re: Can My Son Stay in an Apartment I Rent if I Leave

    And here is the entire NYC Rent Stabilization Code:

    http://www.tenant.net/Rent_Laws/rsc/rsctoc.html

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