Posted by Mark Smith on October 06, 2000 at 23:14:29:
In Reply to: Re: No Automatic Succession Rights In This Case...Mark read my answer posted by richard on October 06, 2000 at 22:56:49:
I see nothing in the law, the regulations, or the fact sheet that would "grandfather" a niece or nephew who had lived with an aunt or uncle for at least two years prior to the effective date of the Rent Regulation Reform Act of 1997.
: You are right it is NOT automatic they took away those rights..BUT if you had the right to succeed on June 30th 1997...... then you never lost them
: So he has to prove this was his permenant address on June 30th 1995 !
: Or alternatively, if he had power of attorney, he had joint accounts with his aunt stuff like that but thats going to be hard.
: : With the Rent Regulation Reform Act of 1997, aunts, uncles, nieces, and nephews no longer have an automatic right of succession. It may still be possible for your fiance to prove that she meets the alternate definition of family member, but this is much more difficult to prove.
: : See DHCR Fact Sheet #30 - Succession Rights: : : http://www.dhcr.state.ny.us/ora/pubs/html/orafac30.htm
: : :
: : : Hi. My fiance is going through a succession rights case with her landlord's company. Here is the scoop in a nutshell. Her aunt passed of cancer this past May. She moved in to help her aunt about 4-5 years ago because of her illness. She has school, bank records and various other pieces of information denoting that she did live there.
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