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Posted by richard on October 06, 2000 at 22:56:49:

In Reply to: No Automatic Succession Rights In This Case posted by Mark Smith on October 06, 2000 at 21:41:26:

You are right it is NOT automatic they took away those rights..BUT if you had the right to succeed on June 30th 1997...... then you never lost them

So he has to prove this was his permenant address on June 30th 1995 !

Or alternatively, if he had power of attorney, he had joint accounts with his aunt stuff like that but thats going to be hard.

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: With the Rent Regulation Reform Act of 1997, aunts, uncles, nieces, and nephews no longer have an automatic right of succession. It may still be possible for your fiance to prove that she meets the alternate definition of family member, but this is much more difficult to prove.

: See DHCR Fact Sheet #30 - Succession Rights:

: http://www.dhcr.state.ny.us/ora/pubs/html/orafac30.htm

: or click on the link at the end of this message

: :
: : Hi. My fiance is going through a succession rights case with her landlord's company. Here is the scoop in a nutshell. Her aunt passed of cancer this past May. She moved in to help her aunt about 4-5 years ago because of her illness. She has school, bank records and various other pieces of information denoting that she did live there.

: : Now the landlord is saying that she doesn't have succession rights. My finace has proof that she has been living there for 5 years. She also took an EMT course so she could be better equipped to assist her aunt. Is there any law or information regarding succession rights and these types of cases? Anybody know of any information that can be used to strengthen our case? After the case is over, I will post the results. It begans the week of Oct 8th. Thanks.

: : P.S. What about the rent? If it was a rent-controlled apartment while the aunt was alive, does that mean my fiance can get the apartment for the same amount? If not, what percentage can they go up on rent and that includes needed repairs (apartment is over 40 years old)?

Follow Ups:

• Re: No Automatic Succession Rights In This Case...Mark - read my answer Mark Smith 10/06/00 (0)

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Comments:
:    You are right it is NOT automatic they took away those rights..BUT if you had the right to succeed on June 30th 1997...... then you never lost them

:  So he has to prove this was his permenant address on June 30th 1995 !

:  Or alternatively,  if he had power of attorney, he had joint accounts with his aunt stuff like that but thats going to be hard.

: 
: =====================

: 
: : With the Rent Regulation Reform Act of 1997, aunts, uncles, nieces, and nephews no longer have an automatic right of succession.  It may still be possible for your fiance to prove that she meets the alternate definition of family member, but this is much more difficult to prove.  

: : See DHCR Fact Sheet #30 - Succession Rights:  

: : http://www.dhcr.state.ny.us/ora/pubs/html/orafac30.htm

: : or click on the link at the end of this message  

: : :
: : : Hi. My fiance is going through a succession rights case with her landlord's company. Here is the scoop in a nutshell. Her aunt passed of cancer this past May. She moved in to help her aunt about 4-5 years ago because of her illness. She has school, bank records and various other pieces of information denoting that she did live there. 

: : : Now the landlord is saying that she doesn't have succession rights. My finace has proof that she has been living there for 5 years. She also took an EMT course so she could be better equipped to assist her aunt. Is there any law or information regarding succession rights and these types of cases? Anybody know of any information that can be used to strengthen our case? After the case is over, I will post the results. It begans the week of Oct 8th. Thanks.  

: : : P.S. What about the rent? If it was a rent-controlled apartment while the aunt was alive, does that mean my fiance can get the apartment for the same amount? If not, what percentage can they go up on rent and that includes needed repairs (apartment is over 40 years old)? 


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