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Continued occupancy after tenant death

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

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Continued occupancy after tenant death

Postby ccnyc » Wed Nov 02, 2016 1:37 pm

My grandmother recently passed away and I am wondering what the implications are for me as a registered occupant in her apartment. Prior to her death she signed a 2 year lease renewal with me listed as an occupant. I do not intend to attempt succession and become the tenant on the lease, but I would like to remain in the apartment until the lease is up. Is that possible? I've read a lot about the succession laws, but not a lot regarding the current lease when a tenant passes away. Thank you.
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Re: Continued occupancy after tenant death

Postby TenantNet » Wed Nov 02, 2016 3:23 pm

I don't know what you mean by "registered occupant." There is no such thing. If you're on the lease, then you're a tenant.

Some LLs ask for names of occupants, but that carries no legal meaning, however it might help establish succession rights.

If the only tenant on the lease was your grandmother, you might have succession rights. See http://www.nyshcr.org/Rent/FactSheets/orafac30.pdf

I would ASAP consult with a tenant attorney about asserting succession rights. I would not do it yourself. And get a real tenant lawyer, not someone in the neighborhood. It's really worth the money as many LLs will fight succession.

As for staying there until the lease ends, that's a different matter. First, try to pay rent in your name. See if the LL accepts your check. That can help establish you as the legal tenant.

Then understand that your GM's estate actually controls the tenancy. Did the estate go through probate? Has an Executor been appointed by the will or the courts? Whoever is the Executor or Legal Personal Representative can decide who can stay in the unit. The estate can continue to hold the lease until the end of the current term, then it reverts to the LL. I would contact an Estate attorney (usually not the same as a tenant attorney).
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