Skip Navigation

Rent-stab tenants sell rights to apt to 3rd party?

Started by westie
almost 15 years ago
Posts: 41
Member since: Nov 2008
Discussion about
Can a rent-stabilized tenant in a building that is converting to condos sell to a third party the rights to buy their apartment? This was recently proposed to a co-worker and I told him I though it sounded like complete BS. Is this legal?
Response by Fairway
almost 15 years ago
Posts: 156
Member since: Feb 2011

No

Ignored comment. Unhide
Response by West81st
almost 15 years ago
Posts: 5564
Member since: Jan 2008

Strictly speaking? No, since the rights of a rent-regulated tenant are not transferable. Effectively? Yes, because the conversion plan likely gives a tenant in residence the right to execute a purchase agreement, then assign her rights under that agreement to a third party.

Ignored comment. Unhide
Response by julia
almost 15 years ago
Posts: 2841
Member since: Feb 2007

Wouldn't the developer be able to find that out easily and stop the sale? They know which apartments are rent regulated.

Ignored comment. Unhide
Response by Wbottom
almost 15 years ago
Posts: 2142
Member since: May 2010

i believe it is as 81 states--the rs tenant executes purchase agrmt then effectively sells rights under that agreement to buyer

happened all the time in the coop frenzy of the mid eighties--rights could trade a few time before plan took effect

Ignored comment. Unhide
Response by westie
almost 15 years ago
Posts: 41
Member since: Nov 2008

There's a broker hounding (harassing) my co-worker about doing this. Broker maintains tenant should secure the insider purchase price and then sell this right to purchase to one of broker's clients. Broker would get standard broker fee. (Just trying to get some info for my friend, since he is too trusting of people in general and this broker is being extremely aggressive in pursuing him.)

Separately, as far as I know, developers are under no legal obligation to offer an insider price to rent-regulated tenants during a conversion--is this correct?

Ignored comment. Unhide
Response by West81st
almost 15 years ago
Posts: 5564
Member since: Jan 2008

westie: That's reprehensible. If you really think the hounding rises to the level of harassment, I would suggest reporting it to the Department of State.

If your friend could use some free advice from somebody who has been through the conversion process as a rent-stabilized tenant, I'll be happy to speak with both of you - strictly pro bono.

Ignored comment. Unhide
Response by West81st
almost 15 years ago
Posts: 5564
Member since: Jan 2008

To answer your last question, offering some sort of insider discount is generally in the Sponsor's interest, but the official discount in the Black Book these days tends to be quite small. Bigger discounts may be available at some stage to some or all tenants, either by formal amendment to the Plan or via separate negotiation.

Ignored comment. Unhide
Response by westie
almost 15 years ago
Posts: 41
Member since: Nov 2008

Thanks West 81st, will pass along the offer. Much appreciated.

Ignored comment. Unhide

Add Your Comment