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Posted by DK on February 23, 1999 at 20:20:18:

In Reply to: succession rights posted by Ethan Goodman on February 23, 1999 at 15:27:01:

You probably do not have any succession rights. The succession rights provisions can be found in Rent Stabilization Code §2523.5(b). You can also check DHCR's public information statement on succession rights. Both can be found on the tenant.net website. Unless the tenant was a member of your family who lived with you at the apartment for two years before vacating, your out of luck.

There is a remote possibility that by accepting the rent from you directly, the landlord acknowledged that you became the tenant of record for the apartment through an assignment of the lease. This is a very difficult argument to win in court because the courts generally rule that the landlord had to knowingly recognize you as the tenant.

: I've been subletting a rent stabilized apartment for the past five years and have been paying the rent directly to the landlord for the last 14 months. The lease has just come up and the landlord is not renewing it, arguing that the overtenant has moved out (which she essentially has)

: The landlord probably wants to sell the place, since the building went coop a while ago. Do I have any rights to the lease?

Follow Ups:

• Re: succession rights satori 2/24/99 (1)
  • Re: succession rights satori 2/24/99 (0)

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Comments:
: You probably do not have any succession rights. The succession rights provisions can be found in Rent Stabilization Code §2523.5(b). You can also check DHCR's public information statement on succession rights. Both can be found on the tenant.net website. Unless the tenant was a member of your family who lived with you at the apartment for two years before vacating, your out of luck.

: There is a remote possibility that by accepting the rent from you directly, the landlord acknowledged that you became the tenant of record for the apartment through an assignment of the lease. This is a very difficult argument to win in court because the courts generally rule that the landlord had to knowingly recognize you as the tenant.

: : I've been subletting a rent stabilized apartment for the past five years and have been paying the rent directly to the landlord for the last 14 months.  The lease has just come up and the landlord is not renewing it, arguing that the overtenant has moved out (which she essentially has)

: : The landlord probably wants to sell the place, since the building went coop a while ago.  Do I have any rights to the lease?


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