If you are a renter, having your name on the lease gives you more protections and rights than any unsigned tenants. If you want your partner, child, spouse, roommate, or relative to have lease protections, it is a good idea to put their name on the lease at the outset (later additions may trigger a vacancy increase in stabilized apartments). But also be aware that more names on the lease may mean more complications in the future if relationships change.

Roommates?
If you are joining a household as a roommate, try to find out what the primary tenant's plans are. If the primary tenant leaves and you are not on the lease, you have no right to stay in the apartment. If you would like to stay at your discretion, see if you can add your name to the lease, although this may trigger a substantial rent increase in stabilized apartments.

Rent-Stabilized?
If your apartment is rent-stabilized, be sure to keep the following in mind:

Ask for the Rent Stabilization Rider. The Rider describes the rights and obligations of tenants and owners under the Rent Stabilization Law. It also states the previous rent for the apartment.

Ask if the building is operating under the 421-a or J-51 tax incentive programs. If the building was built with the aid of a tax exemption, your rent is regulated for the period of the exemption (usually 10-20 years). At the end of this period, your landlord can charge "market" rates.

Are you the first tenant in a decontrolled unit? If you are the first tenant in a previously rent-controlled apartment, the owner should have negotiated with you before charging a rent. You have 90 days from the first day of receipt of notice (called the RR-1 form) to file a "Fair Market Rent Appeal" (FMRA) if you want to challenge the new rent.

Landlord's Right to Access.
If you are concerned about privacy, be sure to ask for wording in the lease limiting the landlord's ability to enter your apartment (except during emergencies). Tenants in multiple dwellings also have the right to install and maintain their own locks on their apartment entrance doors, but you must provide the landlord with a duplicate key upon request.

What Happens if Your Landlord Leaves?
Landlords must notify tenants, by registered or certified mail, of the name and address of the new owner. New owners of rent-stabilized buildings are responsible for returning any security deposits and interest. This responsibility exists whether or not the new owner received the security deposits from the former landlord (When a building is sold, the landlord must transfer all security deposits to the new owner within five days, or return the security deposits to the tenants). Foreclosure of the building also does not affect your lease.

Need More Help?
For more information on your rights and responsibilities as a tenant, check out the NYS Attorney General's Landlord/Tenant Guide. Also, if you are moving into a rent-stabilized apartment, you have additional rights as a tenant: check out the NYS DHCR Factsheets on our Web site.