I've lived in a stabilized two-bedroom in Jackson Heights for about a year and a half as my roommate's place. I'm not on the lease, but I pay my share to him and have mail, utilities, etc. in my name. He's moving for work in a month.

The super says that since I'm not on the lease, I have to apply as a brand new tenant, the rent goes up to "market," and I also have to pay a broker fee even though I never saw a listing. Do I have any right to stay? I can't afford a massive jump. I'm kind of spiraling.

I don’t have good news on the automatic right to stay. In a rent-stabilized apartment, the named tenant’s renewal rights belong to the named tenant. If your roommate is the only leaseholder and he leaves, you are an occupant, not a tenant. Unless you qualify for succession—which generally requires a family relationship and usually living there for the two years before the tenant leaves—the landlord can treat the apartment as vacant and offer a new vacancy lease to you or someone else.

That doesn’t mean you have to accept whatever numbers the super says. Ask your roommate for a copy of the current lease, all riders, and any renewal notice. Ask the landlord to produce the DHCR rent registration for the unit. If they say the rent will jump a lot, the legal regulated rent is not simply “market.” For a stabilized vacancy, the owner may take a statutory vacancy increase and, if they did qualifying individual apartment improvements, they can try to add that, but they need documentation and it is often challenged.

There’s also an application fee cap, and a “broker fee” only makes sense if an actual broker provided a service to you. If you didn’t hire one and nobody is advertising the apartment, that should be a red flag. If the landlord refuses to show the rent history, file a records request with DHCR or call the Tenant Protection Unit. Do not sign anything until you see the rent registration and the lease form.

Wait I’m confused because I thought if you’re there long enough and get mail you become a tenant. My cousin’s friend stayed in her aunt’s place in Dyker and somehow took it over. But that was family. Is there a roommate exception? Could your roommate assign the lease to you instead of surrendering it? Maybe talk to a local housing office before you fill out the app. Also don’t give them any money until they give you the paperwork.

DykerNewbie, the aunt situation likely involved succession because of a family relationship. Big_city_beth didn’t say she is family, and in a typical roommate setup the unrelated occupant doesn’t get succession rights. The roommate law lets a leaseholder have a roommate without landlord permission, but it doesn’t turn that roommate into a tenant once the leaseholder vacates. If your roommate just leaves before the lease ends, he may still be liable for rent under his lease, and the landlord could pursue him. You’re not liable for his lease unless you sign something.

Your roommate could theoretically ask the landlord to assign the lease to you, but assignment of a stabilized lease is not automatic. The owner usually has to consent, and many standardized leases limit assignment. A sublet has similar consent issues and is generally temporary while the tenant remains responsible. If your roommate wants to help, he should check the lease for an assignment clause or request permission in writing. But if you want to stay long-term, the cleaner route may be to negotiate a vacancy lease.

Before negotiating:

• Get the current rent registration and current lease from the roommate.
• Get the landlord’s proposed rent breakdown in writing, not a text from the super.
• Ask for the last renewal amount and the current legal regulated rent.
• Ask how they calculated any vacancy increase or improvement increase.
• Ask for proof of the broker service if they keep mentioning a fee.

You can call DHCR to request the rent registration history yourself. Do not sign a new lease that labels you as “market” or “deregulated” unless you’ve confirmed the legal status.

This happened to me in Washington Heights two years ago. I was the roommate not on the lease. The landlord first said the new rent would go way up plus a fee. I asked for the rider and they suddenly sent a “corrected” lower number and dropped the fee. So yeah, get the rental history. Also make sure the application fee isn’t crazy; I think the state caps it. Did you already give them a deposit? If so don’t let them keep it if you don’t sign.

Thanks everyone. I asked the super if I could see the current lease and he said the owner just bought the building and doesn’t have the old rider. Is that a thing? The fee they quoted is more than a month and a half. I have mail in my name, and my roommate says he will give me a copy of his renewal before he goes. So if I sign a new lease, should I push back on the broker fee? What do I even say?

The “new owner doesn’t have the old rider” line is not a get-out-of-jail card. When someone buys a building, they buy the obligations and the paper trail, including DHCR registrations and the terms of the existing stabilized leases. If the owner can’t produce the prior lease, you or your roommate can request the rent registration history from DHCR. It will show the legal regulated rent, the rent paid, and whether there were any recent bumps. That doesn’t always capture building-wide MCIs or major capital improvements, but it’s a starting point.

On the broker fee: if no licensed broker or agent introduced you to an advertised unit, there is no reason to pay a broker fee. It may be an illegal “key money” charge in disguise. Ask who the broker is, their license number, and what service they performed for you. If the answer is just “the super handles it,” that’s not a broker fee. You can pay an application fee, but it is capped by law and must be for actual credit/background checks. You should get a receipt.

When a rent-stabilized unit becomes vacant, the landlord can offer a vacancy lease. The law allows a vacancy increase, but the rent must still be registered and should not simply leap to whatever they think a new person will pay. If they say they made renovations, they should provide an itemized list, dates, and what improvements they are claiming. I would tell them in writing that you want a copy of the unit’s rent registration and a breakdown of the proposed new rent. If they refuse, file a complaint with DHCR’s Tenant Protection Unit and consider consulting a legal services group. Do not pay a deposit until you see a lease, and do not pay any fee by cash.

This whole “broker fee but no listing” thing is common now, and it’s usually just a money grab dressed up as a move-in cost. It reminds me of the earlier thread "Open umbrellas at eye level on crowded sidewalks: do you say something or just duck?" Open umbrellas at eye level on crowded sidewalks: do you say something or just duck?—sometimes you have to choose your battles, but here you can actually demand paper.

Real talk: if your roommate has a good relationship with the super, maybe he can ask for a one-page assignment request. Small landlords sometimes prefer to keep a decent person rather than lose rent. Bigger owner, they’ll run the process.

Tell them: “I’m not paying a broker fee; I found this place through my roommate and I already live here. Please send the rent registration and the vacancy lease.” If they ghost, call DHCR. And start looking nearby in case they stall. Jackson Heights has plenty of old buildings; you might find something cheaper in the 70s.

One more important thing, since big_city_beth said the roommate is leaving for work: if he leaves before his lease term ends and doesn’t assign or sublet with written consent, he remains on the hook for rent until the lease ends or the landlord re-rents. The landlord cannot collect from him and also collect from you for the same period. That might influence how cooperative the landlord is.

If the landlord does offer a vacancy lease, make sure it is on the standard rent-stabilized lease form for your county, that your name is correct, and that the rent listed matches the legal regulated rent they have registered. Do not sign a rider that says you are “market” or waives your right to renew. Keep all communications in email or text, ask for a receipt for any application fee, and never pay a “fee” in cash or by app.

Also useful: if the unit has been stabilized, the landlord had to file an annual rent registration. If they didn’t register the unit, they may have trouble collecting a rent increase. You and the roommate can request that record from DHCR and see what they’ve reported. When you push back in writing, mention the rent registration and the disappearance of the supposed broker fee; sometimes the pressure is enough to make the “market” number vanish.

Good luck, and let us know what the rent registration shows.