Find solution
How do I rent an apartment in NYC without a guarantor?

My mom died, I'm the last surviving nuclear family member, and I'd like to take over her rent stabilized NYC apartment - the same apartment I grew up in. Even though I'm willing to pay a large rent increase, the landlord wants me out. Is there anything I can do?

  • My credit is great, I have substantial savings, and even though I'm unemployed after having just arrived back in NYC, I expect to find a job presently (I've been employed with no gaps for 7 years). I understand why the landlord would want me to leave the apartment temporarily since doing so would enable him to renovate and hike up the rent, but the fact that he won't let me back in post-renovation seems pointless and cruel. I even offered to pay him a whole year of rent upfront. My mom was paying $947.40 / mo., but presumably the apartment would go for ~$2100 / mo. post-renovation. This would be a good deal given the size / location of the apartment. I've been told by lawyers that my mom's estate has the right to keep the apartment for estate business for the remainder of the term of her lease, which is about 19 months. It would seem that's the only leverage I have.

  • Answer:

    I would have your attorney send the landlord a certified letter stating that under (whatever the law is that allows for the estate to maintain the lease) that the estate plans on keeping the apartment for the remainder of the lease term (19 months) for estate business.  Hopefully that allows you to personally occupy the space for that term.  Check with your attorney. After the landlord digests that communication or disputes it and through your attorney realizes that he cannot fight it, go back to him/her with an offer to let you sign a new lease for 2100.00 a month and credit you the amount that it will cost you to rehab the apartment that is agreed to by both parties.  It seems like you have an emotional attachement to the space which is understandable but if he/she is not willing to rent to you and by law you can live there for 19 months till the current lease terminates.  I'd recommend you live there and save the 1153.00 per month (21,907.00 after 19 months) and then go find yourself a new space you can call your own.  Good Luck.  P.S. don't let what sounds like a bully landlord push you around.  The Estate has rights that you can leverage and use that for all you can.

Steven Seppinni at Quora Visit the source

Was this solution helpful to you?

Other answers

You may have options available to you if you consult with an attorney who specializes in NYC rent-stabilization cases, especially since this is the apartment you grew up in. An immediate family member will have succession rights to the apartment at the same rent as that which the deceased family member was paying. The law states that the succeeding person must have resided in the apartment as a principal dwelling for at least 2 years immediately prior to succession. But there may be exceptions to this requirement. If you were in the military, for example, that may qualify as an exception. Or perhaps you were away because of a medical condition or at school?  As for your credit, income, and employment, these are unfortunately irrelevant unless you can successfully prove succession rights to the apartment. Otherwise, the landlord has no obligation to accept you as a tenant, even if you are a qualified tenant willing to pay the market rent.

Bruce Feldman

see here: http://www.housingnyc.com/html/resources/faq/rentcontrol.html#mother and here: http://www.housingnyc.com/html/guide/stabilized.html I'm guessing you are out of luck and paying for an attorney would likely just cost you money to hear the same thing and being unemployed its probably not a good time to take on that debt.

David Rosen

It at least used to be, in NYC, that if you were living in the apartment for a given period of time they couldnt raise the rent.  IF thats still true Id have the estate sub-let to you until its ownership period runs out and then take over. BUT I AM NOT A LAWYER AND YOU NEED ONE. If you dont want to get screwed  on a technicality, engage a good NYC property attorney.  You can get a referral by calling the NY state bar association.  Most bar associations have a nominal fee referral (last time I did this in NYC it was $25.00) that buys you an initial consult of up to 30 min at no additional charge. Thats enough time for the lawyer to be able to understand the situation and lay out your options.

Jeff Kesselman

If you have not lived in the apartment for two years, then it's going to be tough, as you don't technically have succession rights.  But the court system is rigged in your favor and the landlord knows it.   So my advice: offer to leave now without a succession fight for a few hundred thousand dollars.  I bet your landlord would jump at the chance rather than leave his fate to the court system.  I know I would.

Ted Morgan

Related Q & A:

Just Added Q & A:

Find solution

For every problem there is a solution! Proved by Solucija.

  • Got an issue and looking for advice?

  • Ask Solucija to search every corner of the Web for help.

  • Get workable solutions and helpful tips in a moment.

Just ask Solucija about an issue you face and immediately get a list of ready solutions, answers and tips from other Internet users. We always provide the most suitable and complete answer to your question at the top, along with a few good alternatives below.