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succession yrs after primary moved

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

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succession yrs after primary moved

Postby eldontyrell » Tue Feb 14, 2017 7:29 am

I was taken in by a family as an adult. I was a teenage runaway from an abusive family. They were nomadic and refused to conform to social norms. As I result I am undocumented, but recognized as being an American citizen. I was taken in by the family in late 2003. The father passed away in late 2004. The mother took over the lease and continued to live there until 2006 and then moved. She continued to sign the lease as I cannot provide any kind of identification, bank accounts or credit history, social security number, or any other thing that might be required by landlords. The landlords knew that I was living there and continued to send leases for the widow to sign. The rent is paid by an account created by the widow for me, since I can't open a bank account on my own. I work off the books and deposit money into the account. When the neighborhood started to get 'hot', they decided to make the motion to evict me (2014). They do not list me on the motion, only the widow, on the grounds that she moved out in 2006. The courts consider me as a non-traditional family member. The sticking point is that the widow, who ended up adopting me, was not living in the apartment in the last two years of the final lease. In this extremely unusual set of circumstances, what case law supports my succession rights?
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Re: succession yrs after primary moved

Postby TenantNet » Tue Feb 14, 2017 1:37 pm

Housing rights do not stem from your citizen or immigration status.

Assuming the apartment is rent stabilized, you might have succession rights even if you are not a natural child of the tenants of record. This would likely fall under "non-traditional family" status if no legal adoption. But you say she adopted you ... was that a legal adoption? If so, that might bolster your claim.

I would first start here:
http://www.nycrgb.org/html/resources/fa ... ssion.html
http://www.nyshcr.org/Rent/FactSheets/orafac30.pdf

There was significant litigation over non-traditional status years ago and it centered around LGBTQ families, but could apply to your situation as well.

I would advise that you get a legal consultation with a tenant attorney (a real tenant attorney, not just any lawyer) that has experience in non-traditional succession claims.

As for your documentation, you don't actually say where you were born, but imply that you might have been born outside the US. Of course in this political climate those who are undocumented have certain risks. I would consult with an attorney who specializes in this area. There are also not-for-profit groups that might be able to help.

I would be wary about the NYC ID card that was meant to help people in your situation, but that seems to be under attack by evil forces in Washington as they want that data, so I would not jump to sign up with that.

However as it seems you are now living in the unit - and have for years - I do not know if the landlord can legally ask you for all sorts of documentation. If you do succeed, then that is a continuation of an existing tenancy, not a new tenancy where they could ask for all sorts of documents. A tenant attorney would likely know what they can ask for.

What I am worried about is that the mother moved out years ago and continued to sign leases and pay the rent. But succession rules require that the person claiming succession rights live there two years immediately preceding the tenant of record's departure. You raise this in your question.

I know this is a sticking point and there have been cases on this issue (unfortunately I can't point to specific cases off the top of my head). But again, a good tenant attorney would be able to do so.

Tenants think they are pulling one over the eyes of the landlord by continuing to sign leases after they have moved out, but assuming the LL knows, when it comes to succession rights, tenants end up being their own worst enemies.

What happened to the 2014 case?
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Re: succession yrs after primary moved

Postby eldontyrell » Wed Feb 15, 2017 4:09 am

I am a citizen of the US. I am one of many US born citizens that has no documentation because the parents either belonged to a cult, had non-standard political beliefs, lived in extremely remote areas where births were not registered, were anti-govt for whatever reason, etc. I have employed attorneys towards getting documentation established for myself, but it's extremely difficult in the paranoid state that the country finds itself. I had lived longer than 2 yrs with the tenant of record. The landlord continued to issue leases under the tenant of record for 6 yrs. The landlord admits knowing that I lived in the apt. as I am the only one admitting them into the apt for repairs, which occurred at a half dozen times since 2006. The landlord admits that I have visited their office during that time. The landlord admits seeing me live in the apt. without the primary tenant after 2006. The 2014 case is on appeal. The only sticking pt is that the tenant of record was not living in the apt during the last lease. The landlord states that he hired a detective to determine the whereabouts of the tenant of record. The landlord states that it took about a yr (unbelievable in this day and age as it took a minute to track down my mother) for the detective to give him the information, and then it took almost another yr before he filed to dispossess the tenant of record without filing against me.
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Re: succession yrs after primary moved

Postby TenantNet » Wed Feb 15, 2017 9:12 am

So you're a citizen w/o documentation. And you said you've already had lawyers on the issue. Has nothing been successful?

But also, if you can establish succession rights, then it should be seen as a continuation of the existing tenancy and for that you should not be required to give up any information you don't have. For example, every few years my LL decides they want my SS number. But as a long-time RS tenant, I don't have to give it to them. My tenancy does not depend on that. (however the bank where they keep your rent deposit might want it ... but not giving it to the bank doesn't threaten a tenancy).

Yes, you lived 2+ years with TOR, but the problem is that the TOR continued to sign the lease even though she wasn't there.

You say the 2014 case is on appeal. Is that with the Appellate Term? Do you have an attorney on that case?
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