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Returned rental checks

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

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Re: Returned rental checks

Postby TenantNet » Wed Nov 06, 2019 10:43 am

Tell us Perry Mason, when's the last time you went to a LL/T Housing Court trial? Things are not that dramatic.
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Succession Rights

Postby July5 » Wed Nov 04, 2020 3:19 pm

My father and I live together in a rent control apartment. He has been living in the apt since 1971 and I moved in with him in 1983. The apartment is my primary residence (no break in the residency). I never lived anywhere else. I work and pay taxes in NY, Voted in NY, and bank in NY. All the utility bills are under my name. My father and I have joint bank accounts.
It's been decided that my father will move with my sister since she can better care for him. I work full time.
My question is - Do I need a lawyer to let them know that I, who have the right of succession, will take over, now that my father will permanently vacate the apartment?

Thank you
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Re: Returned rental checks

Postby TenantNet » Wed Nov 04, 2020 3:59 pm

First, RC and RS may have different rules regarding succession - but I haven't had time to research it all. The rules for primary residency apply to the prime tenant (your father), not to you. But that is if the LL files a court case claiming the unit is not your father's prime residency.

It may come up in a succession matter as to your residency, so it's good to have those details provable in your situation.

When your father leaves, that would be the time for you to file for succession. Have all your ducks in a row, but I would not produce all the evidence right away. Why give the LL evidence for him to peruse and challenge until you need to do so?

First, research RC and succession issues.

Second, yes, I would get legal advice from a real tenant attorney who has a number of succession cases under his/her belt. Our feeling is that spending that money now will ensure less problems later. (a number of qualified tenant attorneys advertise on this site.) I would ask them how many succession cases they have handled. They can guide you step-by-step.

When ready. File the form with DHCR and let the LL know. The attorney will know how to do that.

The better prepared you are, the less likely the LL will be to give you a problem. Some will challenge you no matter what. And having an attorney will send a signal you are serious.
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Succession Rights

Postby July5 » Wed Nov 04, 2020 5:21 pm

Thank you. Good advice.
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Re: Transfer of Tenancy

Postby July5 » Tue Jan 26, 2021 7:39 pm

I live with my father for 20 years in a rent control apartment. He is the tenant of record. I have not lived anywhere else and worked and paid taxes in NYC. He has decided that he will move with a family member living in Florida. I sent a letter to the landlord that my father is moving and I'm looking to take over the tenancy. I sent the letter in November. How long is the process?
Thank you
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Re: Returned rental checks

Postby TenantNet » Tue Jan 26, 2021 8:33 pm

Back in October we suggested (and you seemed to agree) you consult with a tenant attorney. With succession, no matter how simple it may seem, things can go wrong. RS and RC are different legal schemes, so you need to see what's required for RC succession, if the law was changed in 2019 and make sure you've put together any documentation that might be required.

I'm not saying you can't do it yourself, but in our experience, LL's can get hostile over succession claims. An attorney can let the LL know you're serious.
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Re: Returned rental checks

Postby July5 » Tue Jan 26, 2021 8:35 pm

Thank you.
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Re: Returned rental checks

Postby Landlords Boy » Mon Feb 01, 2021 12:32 pm

I have to agree with TN about getting an attorney to help with succession claims but for different reasons: one, an experienced tenant attorney can quickly tell you whether your case has merit or not. Two, the attorney can help straighten out some of the issues with HCR, which (in my experience) has been a bit sloppy, even confused, in evaluating complicated successions.
And the more official proofs you have of your residency and relationship with the tenant-of-record the better.
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Re: Returned rental checks

Postby TenantNet » Mon Feb 01, 2021 12:46 pm

DHCR confused? Can't be. (I've said the same things many times)
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