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Re: Death in family. Nieces ecluded since 1997

Posted by Anna on June 12, 2000 at 20:27:40:

In Reply to: Death in family. What to do about taking over apartment? posted by Afron on June 12, 2000 at 16:44:14:

The RRRA97 removed nephews, nieces, aunts and uncles from the list of traditional family members with a right to remain in a rent regulated unit after the permanent vacating of the apartment by the leaseholding tenant. The definition of family member still includes: husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, daughter-in-law, son-in-law, mother-in-law, and father-in-law. Non-traditional household members “who can prove emotional and financial commitment, and interdependence between such person and the tenant” also continue to have succession rights.

The first successor under the succession rights rules is entitled to a renewal lease with no vacancy allowance. Second successors will be entitled to renewal leases as well, but they will have to pay a vacancy allowance.

So, unless she can prove interdependence (like an unmarried life-partner would), the best you can do is negotiate for keeping the apartment. Expect to pay all vacancy allowances, minimum of 20% increase. PS: when a tenant with a valid lease dies, the tenant's estate can keep the apartment until the lease runs out if it pays the rent etc. So file probate on the will asap, see a tenant lawyer about this.

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