(2) The landlord cannot necessarily evict for having additional occupants. Given the extraordinary rents these days even under rent control, many tenants are doubling up or finding temporary housing with a friend until they find another place, and this reason for eviction is growing. The "additional" tenant is not a replacement for a former roommate, nor a guest who resides elsewhere or has lived there exclusively less than 30 days. This is not the tenant's additional child, either by birth or custody change, but this exemption only applies to TWO additional children. This is not the sole additional adult, either, which permits an adult caretaker, parent, friend, lover, or other person to join the tenancy. The landlord still has the right to reasonably disapprove of the new tenants [except the children] and to charge the additional 10% for each new tenant [except the first additional child] who stays beyond 30 days, by a 30-day written notice changing terms of tenancy. The disapproval is limited to the new tenant's rental history, ability to pay the extra 10% rent [Reg. 310.10] or exceeding overcrowding limits [about 50' per person -Reg 952.01]. It seems that the 30-day notice can't be given until after the 30 day stay, so that it wouldn't take effect until the third month of such occupancy. In court, the tenant has even greater protections. In a normal eviction, the landlord generally only has to prove that he gave the notice and that you're still there. Under rent control, the landlord has to convince the judge of his real reason for the eviction, show that it is a legal reason, and prove every part of it with stronger evidence than you have.
|