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Am I missing something about succession rights

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Am I missing something about succession rights

Postby NYCTenant2019 » Mon May 27, 2019 8:57 am

Would a landlord fight succession even if they have no case?

My father passed away in Feb. 5. The lease is up at the end of June.I lived with and took care of him for 18 years. He lived with me in the apartment until his death. I asked to be placed on the lease with thprior landlord. They refused. I asked the current landlord under 2 years ago. They refused. I’ve sent letters to them and conversed by phone. Several house hold bills are in my name. I paid the rent on occasion using checks with the apartment address. I vote Under this address. Every record I have is using this address. Taxes, etc. The superintendent lived in the building and interacted with me. There is a lot more evidence.ive paucity the rent since his death.


Do landlords fight successions even when they have no case ? I’m taking to a lawyer this week bc it’s all very strange.
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Re: Am I missing something about succession rights

Postby TenantNet » Mon May 27, 2019 9:44 am

Would a Ll fight succession?

Sure. LL's are often vindictive jerks, or if they get a stupid tenant, they might win even if the merits are with the tenant.

So if your father was a RS tenant, the unit remains in the possession of the estate until the lease expires, assuming rent is paid. LLs still have to go to court to evict an estate.

Executors named in a will or by a surrogate court, that can get a bit dicey. Best to go through the estate process, and best to consult with an estate attorney. Just understand that the estate attorneys I've dealt with no next to nothing about tenant law. If things get sticky, do not use the estate lawyer for your tenant issues.

Succession requires that you lived with him for two years (1 year if you are 62 or older), and you say you've done that.

It was probably good that they refused your lease request (while he was still alive). Unless a spouse, a name added to the lease creates a vacancy lease with all the increases. With succession, you don't have that issue.

Sounds like you have the evidence. I would consult with a tenant attorney as these things can get complicated, and consider filing for succession with DHCR. Just make sure the lawyer you are consulting has a lot of experience with RS succession.

Of course, start with this: https://hcr.ny.gov/system/files/documen ... afac30.pdf
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