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wife passed / not on lease

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wife passed / not on lease

Postby boomarang » Fri May 17, 2002 6:09 pm

My wife passed away last year and we lived in a n.y.c.h.a. apartment together. I moved in after the marriage.
Their saying that because I was not put on the lease, that I'am a illegal tenant...We were married in 1999 and shortly after that she got ill...
As the surviving spouse do I have any tenant rights here?
My case is now under some sort of review, and the housing manager says I have no legal right to the apartment.
boomarang
 
Posts: 4
Joined: Fri May 17, 2002 1:01 am
Location: new york

Re: wife passed / not on lease

Postby Brooklyn Babe » Mon May 20, 2002 11:48 pm

You may have "Succession" rights if your building is stabilized ...

http://www.housingnyc.com/resources/attygenguide.html#8
LEASE SUCCESSION RIGHTS
Family members living in an apartment not covered by rent control or rent stabilization generally have no right to succeed a tenant who dies or permanently vacates the premises. The rights of a "family member" living in a rent controlled or rent stabilized apartment to succeed a tenant of record who dies or permanently vacates are covered by DHCR Regulations.

Under these regulations, a "family member" is defined as husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the tenant; or any other person residing with the tenant in the apartment as a primary resident who can prove emotional and financial commitment, and interdependence between such person and the tenant.

A family member would succeed to the rights of the tenant of record upon the tenant's permanent departure or death, provided the family member lived with such a primary resident either (1) for not less than two years (one year in the case of senior citizens who are 62 years or older, and disabled persons) or (2) from the commencement of the tenancy or the relationship (if the tenancy or relationship were less than two years or one year old, as the case may be). (RSC ß 2523.5)

What are the rules for succession rights?
http://www.housingnyc.com/resources/faq/succession.html

Fact Sheet #30 - Succession Rights
http://www.housingnyc.com/resources/dhcr/dhcr30.html
http://www.housingnyc.com/resources/faq/owners.html#girlfriend

Go to the above links, print out the info. if it applies to you. You may want to make a copy of it and send a letter to Mgmt. (use cert. of mailing) outlining why/how the succession applies to you.
Best of Luck
The above information is from a non-attorney tenant activist and is not considered or to be used as legal advice.
Brooklyn Babe
 
Posts: 130
Joined: Sat Apr 13, 2002 1:01 am

Re: wife passed / not on lease

Postby boomarang » Thu May 30, 2002 12:34 am

Thanks, whoever you are, You sure opened my eyes to some the rights that I have, Thanks again...
But there will be some bumpy roads ahead, I received a letter with no date or signature that the results of their review...I'm not legally accepted as the next household member.
We were married on 7/99, and she passed on 4/01 and she was declared disabled about 6 mos. before she did pass away.
Seems this is like a chess game, now I'm waiting for their next move.
boomarang
 
Posts: 4
Joined: Fri May 17, 2002 1:01 am
Location: new york

Re: wife passed / not on lease

Postby Brooklyn Babe » Fri May 31, 2002 12:12 pm

Hey, no problem, we are all here to help. If something else happens and your not sure what to do, then just keep posting to the board and someone is sure to help.
I suggest you go to your local Housing Crt and speak to the Pro Se Atty.
Another suggestion I have is to do 2 searches on this site.
-go to the "forum archives" and type in a search using "succession"
-Also, go to "Housing Crt Decisions" and do the same search- pay attention to the judges rulings and the type of evidence tenants presented etc...
Just remember "It ain't over till a judge says it is!" :)
Best of Luck
The above information is from a non-attorney tenant activist and is not considered or to be used as legal advice.
Brooklyn Babe
 
Posts: 130
Joined: Sat Apr 13, 2002 1:01 am


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