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Posted by satori on February 24, 1999 at 23:01:40:

In Reply to: Re: succession rights posted by DK on February 23, 1999 at 20:20:18:

succesion rights are only for relatives.however, if the, primary overtenant has
not been living there for over a year you might be able to argue your and illusiory
sublet especially sense your paying rent to the landlord.If yo can prove it to
DHCR or the courts your become the primary tenant. Don't be afraid to file
complaints with dhcr or the courts . I was and illusiry sublet I became
the primary tenant and I got my rent reduced more then half. Try and hire a
laywer to fill out any forms with dhcr . becuase whn I filed a dhcr complaint my
lawyer dragged me into housing court so i had to argue the same thing over
again.

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

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Comments:
: succesion rights are only for relatives.however, if the, primary overtenant has
:  not been living there for over a year you might be able to argue your and illusiory
:  sublet especially sense your paying rent to the landlord.If yo can prove it to
:  DHCR or the courts your become the primary tenant. Don't be afraid to file 
:  complaints with dhcr or the courts . I was and illusiry sublet I became 
:  the primary tenant and I got my rent reduced more then half. Try and hire a
:  laywer to fill out any forms with dhcr . becuase whn I filed a dhcr complaint my 
:  lawyer dragged me into housing court so i had to argue the same thing over 
:  again.

: 
: : 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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