Succession Rights for Rent Stabilized Apartment

[Renz1088]

Hello everyone. Thank you very much for taking the time to read through this and provide any information that you possibly can.

I have currently lived in my apartment for close to a decade. The apartment is rent-stabilized. Luckily, we were able to find an affordable house and plan on moving out this summer. My mother, who lives in the same neighborhood, is dealing with issues in her current building that have led to a desire to leave her own apartment of many years. I'd like to understand what, if any, options I have to legally pass this apartment on to her. Some additional information:

1. From a financial standpoint, she technically would not qualify for what most landlords (including this one) are looking for. She's over 65 and on a fixed income which would leave her with about $1000 left over after paying the rent. I'd be willing to be my mother's guarantor/co-signer for the apartment if requested.

2. She has never lived in this apartment

3. The landlord agreed, in writing, to terminate our lease upon receiving a 30 day notice when we notified them that we found a home. I began this communication in an effort to ensure that we would not run into issues when we decided to move out, since it would most likely occur in the middle of a lease. Upon having that conversation, I asked them about the possibility of having a family member take over the lease. The landlords response was lukewarm towards that possibility, stating that they'll give the apartment to the most qualified individual. This scares me, since my mother would not fall under that category.

So, with that being said, I'd like to know what the best course of action is. Should I attempt to have a conversation with the landlord and communicate my desire to simply pass this apartment, as-is, to my mom, or do I have a legal recourse that would guarantee her getting rights?

Thank you again for any advice and insight that you might be able to provide. If any further information is needed, please don't hesitate to let me know.

[TenantNet]

To start, see the DHCR fact sheet on succession at https://hcr.ny.gov/system/files/documen ... 1-2023.pdf

A person may succeed if they fall into a specified relation to the tenant who is leaving or has passed away. Pay attention to the definition of non-traditional family member. Usually a succeeding tenant is a younger generation, i.e., son or daughter, but I don't see why a parent can't qualify if they meet other criteria.

Succession does not depend on income. Doesn't matter.

However the succeeding tenant must have lived in the unit (with the tenant) for two years, or if over 62, then one year. You say she has not lived in the apartment, so on that alone, she likely would not qualify.

The alternative is to see if she can assume the lease (not succeed), but then the income might be a factor with the landlord.

I would also look into a tenant's obligation when leaving before the end of the lease ... if you have someone willing to take over the lease at the same or higher rent (and can pay and is not objectionable, then the LL could not claim any future rent from you. But that does not mean he has to take on your mother as a new tenant.

It doesn't sound like you're in a good position here. First, document all communication, letters, phone calls etc. Anything official should be sent by certified mail.

Here's one option, but it may change your plans. Don't move out just yet, live there for another year -- with your mother (yes, I know, that can scare the willy's out of most people) and at that point she would be eligible for succession rights. And I mean really live there, not just on paper.

From the context of your post ("we were able to find") I surmise you're a couple. Why not have one of you move to the new house and other continue to live in the unit. That way you could still get the new house and abide by the co-habitation rules. Just a thought. I've never heard of this, just something that comes to mind.

If you do something like that, make sure it's legit as the LL might challenge the arrangement as a subterfuge. If you're a married couple, then you both have tenancy rights (better if you are both on the lease - you can insist the LL puts the spouse on the lease). If you're not married, the one on the lease should stay for the extra year.

In addition succession can be difficult depending on the owner. I would get legal advice from a tenant attorney to also look at your options.

[Renz1088]

Thank you so much for all of that information!

I like your idea about staying back for another year. I'm wondering what's classified as 'living' in a space? While I can have my mother move in, how does she prove that she's lived in the space for a year? Also, is there any notice or documentation that has to be provided to the landlord to begin this process? Perhaps these are better saved for a lawyer, but if you happen to have any insight, it'd be appreciated. Thanks again!

[TenantNet]

I don't know if it's an absolute rule or statute, but I've always heard that a tenant must live in their apartment - as their primary residence - for 183 days a year. That is usually used in the context of a landlord claiming the unit is not your primary residence (and bringing a case on those grounds). For more details on that google "primary residence" and "golub notice" on this site and elsewhere.

I think the 183 day rule would hold if you wish to establish succession rights. But as I said, I would get legal advice from a tenant attorney that has experience with primary residence and succession issues. To me, that means the person actually lives at the apartment, usually that means they sleep there.

There are many ways to establish that, taxes, voting records, but also collect receipts for every penny you spend locally. Get in the habit of getting receipts for every purchase and us a program like Quicken to track everything. It's not that difficult. Put all your receipts in a pile and once a week or month, enter them into the ledger.

Same thing for you mother ... She should keep receipts, keep a diary of what she does. The more detailed it is, the more credible.

Make sure neighbors and building staff sees her. Take video of her talking to the building super (don't let the super see you doing it

There is a form that tenants can file with DHCR that more or less puts everyone on notice. Google "NYS DHCR form notice succession" and I found:
https://hcr.ny.gov/system/files/documen ... llable.pdf
But talk to an attorney first and develop your plan on all this. I know lawyers can be expensive, but given what you hope to do, it's better now to get good advice than get caught up in a court battle.