How do I start the process to assert my succession rights to a rent stabilized apartment?

Bankruptcy and Debt 2 views 1 answers
My mother has just been sent a renewal lease which she will not be signing. The lease expires in June 2015 but she has already moved out. I have been living in the apartment for over 17 years and would like to take over the lease. How do I notify my landlord of this request and should I start paying the rent under my name?

Attorney Answer

1
Steven Smollens ·
Dear New York Tenant: A succession tenancy is a right of a Rent Stabilized tenant in certain circumstances. Your mother moving out and leaving you alone in the apartment is the trigger to your claiming the rights of a successor tenancy. There are many helpful guides published online to review. You should always engage an attorney. Landlords and their legal counsel often "challenge" a succession claim, even when the successor tenant is entitled to the home. An attorney may even suggest that the current tenant renew the lease and in doing so preserve the status quo so that a succession may take place with a current lease renewal, but that advice varies among tenant attorneys and is often controlled by the actual facts and circumstances. You could get a head start by reading information at (and reading information is not a substitute for your own legal counsel): http://metcouncilonhousing.org/help_and_answers/succession_rights http://www.nycrgb.org/html/resources/faq/succession.html http://itkowitzteachingandpublishing.itkowitz.com/2014/12/getting-awarded-legal-fees-in-landlord.html
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