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Claim Succession.Gap in residency

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

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Claim Succession.Gap in residency

Postby tkingoxo » Fri Mar 22, 2019 3:25 pm

I am claim succession rights in the RS apartment I grew up in after my mom decided to retire this year. For 5 months I lived and worked in Ireland on a student travel visa in 2018 (i had just graduated and was still able to use it). Does this negate my claim? I kept the RS apt as my primary address for all of 2018 including my tax returns. Am I still eligible? Most fact sheets I've read say you had to live in the RS apt for more than 6 months out of the year which I did but the land lord is starting to push back.
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Re: Claim Succession.Gap in residency

Postby TenantNet » Fri Mar 22, 2019 3:54 pm

The six month requirement is for non-primary residence issues. You're looking at succession, which is different, and requires you to live in the unit for two years (one year if you're older than 62 or disabled) prior to when the primary tenant (your mother) leaves or dies.

There are general exceptions for full-time students. See https://govt.westlaw.com/nycrr/Document/I4f8856ebcd1711dda432a117e6e0f345?bhcp=1&transitionType=Default&contextData=(sc.Default)

See section 2204.6(d)(1)(ii)

In 170 Spring St. LLC v. Doe, Docket 81294/2014 - NYC Civil Court, the decision states in part:

Petitioner made much of Respondent’s absences from the subject premises during the school years when she was an undergraduate at Georgetown University. However, Respondent’s documented and unchallenged status as a full-time student at Georgetown does not affect her co-residency of the subject premises with the prior tenant in the two years before the prior tenant’s death. 9 N.Y.C.R.R. §2204.6(d)(1)(ii). Wherever else Respondent may have spent her breaks during the school year, Respondent testified that she had summer internships in Midtown Manhattan during the summers, living at the subject premises at the time, testimony which, to be repetitive, is consistent with the testimony of disinterested witnesses observing the details showing Respondent’s occupancy of the subject premises.


But the catch is that one must be a full-time student. You say you lived and worked in Ireland on a student travel visa. I have a feeling that is not the same thing as taking a full load of courses at a university.

But let's say your legal residence - from what you thought - was the apartment in question, even if you were traveling instead of hitting the books, it might well be that the 6 month requirement would kick in. That would mean if you actually lived at the place for 183 days per year (for two years running), you might qualify for the 2-year requirement.

So if you traveled for 5 months and lived at the apartment for 7 months (and can prove it), that might work for you. Tax returns is one factor that is considered, but not the only one. That is why one should get and save any receipts for cash purchases, showing your presence in the area.
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Re: Claim Succession.Gap in residency

Postby tkingoxo » Fri Mar 22, 2019 5:18 pm

Thanks! I wasn't a full time student while abroad. I lived in the apartment for the full year of 2017 and I have credit card statements and such to prove I was in that apartment in 2018 before and after I was traveling. I was aboard for 175 days.
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Re: Claim Succession.Gap in residency

Postby TenantNet » Fri Mar 22, 2019 6:25 pm

To me that sounds good, but I would consult with a tenant attorney who deals with succession cases. I would put together a strategy that scares off the LL so you won't be dragged down into expensive litigation.
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