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Starting the Succession rights Process.

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

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Starting the Succession rights Process.

Postby sthen » Wed Dec 09, 2020 8:22 pm

I am new to the forum and also succession rights. My grandmother is at her final stages and my family and I would like to rent the apartment after her passing.
I would like to know where to begin, as of right now there is two notarized letters letting the LL know I have been living with her for X amount of years, also my name is part of the con Edison bill here in NYC, and Bank statements under my name only is sent to her apartment.

I would like to know the steps on what documents I may need,
When should I contact the LL?
Will notarized letters which is signed by her will be efficient.

Thank you,
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Joined: Wed Dec 09, 2020 8:11 pm

Re: Starting the Succession rights Process.

Postby TenantNet » Wed Dec 09, 2020 10:09 pm

As you posted in the rent regulated forum, I'm assuming the unit is rent stab or rent control.

First, see https://hcr.ny.gov/system/files/documen ... 1-2019.pdf

See the second paragraph where it says

A family member has the right to a renewal lease
or protection from eviction if he or she resided with
the tenant as a primary resident in the apartment
for two (2) years immediately prior to the death of,
or permanent departure from the apartment by the

In other words, you must have been living in the unit with your GM for two years before she dies or vacates the unit. It's usually one year if the successor (you) are disabled.

Also see
https://hcr.ny.gov/system/files/documen ... 23.5_1.pdf

This is the form you can file with DHCR prior to the prime tenant leaving or passing away. It's not mandatory, but advised.

See the second page:

... provided that such family member has resided with the tenant as a primary resident in the apartment for 2 years (1 year for “senior citizens” or “disabled persons”) immediately prior to the permanent vacating of the apartment by the tenant, or from the inception of the tenancy or commencement of the relationship, if for less than such periods.

Aside from that, succession can be complicated and we recommend tenants seek advice from a tenant attorney that has dealt with this issue. You don't have to get a lawyer, but it can make the process easier, and more likely to succeed. Jut make sure it's a real tenant lawyer, not someone down the block who also does immigration and personal injury cases. I know lawyers can be expensive, but don't be penny-wise and pound foolish. I'm assuming you will want to live there for many years (and pass on to your kids), so do it right.

Do your research now; deal with the LL later. Landlords used to have incentives to fight succession in order to deregulate the units. That's no longer possible, so the LL might be willing to go along, especially now with the pandemic and they will want tenants who will be able to pay the rents.
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