TenantNet Forum

Where tenants can seek help and help others



Succession Rights Issue- Documents Requested by Mgmt

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

Moderator: TenantNet

Succession Rights Issue- Documents Requested by Mgmt

Postby tangelet » Wed Feb 22, 2017 5:11 pm

Greetings,

My mother recently passed away and I contacted the property management office for the lease to be under my name per succession rights. While I provided proof of my residency for the past two years (bank statements, bills, etc), they wrote back to request that I send the following documents:

- Tax returns from the past three years (2013, 2014, 2015)
- W2's (did not specify if I need to provide the most recent one or the past 2-3 W2's)
- birth certificate

I'm worried that if I send in the tax returns and W2's that it'll affect the rent or provide them information they are not privy to, but I also do not want to ruin my chances of securing the apartment. Do they have a right to all these docuements requested? Is there anything I can black out?
tangelet
 
Posts: 1
Joined: Wed Feb 22, 2017 4:58 pm

Re: Succession Rights Issue- Documents Requested by Mgmt

Postby TenantNet » Wed Feb 22, 2017 5:51 pm

Before you do anything I would consult with a tenant attorney and make sure they have experience in succession cases.

Also look at the thread in our Reference Section on Succession here:
http://tenant.net/phpBB3/viewtopic.php?f=15&t=8692

and DHCR's Fact Sheet:
http://www.nyshcr.org/rent/factsheets/orafac30.pdf

Beyond that there have been several threads on this issue on the forum recently. I would read through those threads as well.

Before you go back to the LL, you should get an independent assessment that you meet all the qualifications.

By asserting succession rights, you will be continuing your RS tenancy for years to come, and that's something most landlords will not want.

While they have an interest in seeing that you meet legitimate qualifications, the documents that you describe - in our opinion - have nothing to do with your legitimate succession claim. Your income has nothing to do with your residency for the last two years. Maybe your birth certificate makes sense, but not the other documents.

Our view is that any income information might trigger a possible high income deregulation proceeding, and beyond that, they are simply not entitled to see the documents in our view. It's a privacy matter.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10306
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Succession Rights Issue- Documents Requested by Mgmt

Postby BubbaJoe123 » Fri Mar 03, 2017 3:56 pm

LL might also want the tax returns to see if they show the apartment in question as the OP's address. If not, grounds to contest the succession. That's a reason why the LL might WANT the tax returns. It's no reason for the OP to GIVE the landlord the returns.
BubbaJoe123
 
Posts: 268
Joined: Mon Jun 30, 2014 5:31 pm

Re: Succession Rights Issue- Documents Requested by Mgmt

Postby TenantNet » Fri Mar 03, 2017 6:21 pm

Tax returns do not prove one's primary residence. They may be partially determinative, but not completely. Don't give them to the LL.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10306
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Succession Rights Issue- Documents Requested by Mgmt

Postby BubbaJoe123 » Sat Mar 04, 2017 10:33 am

They're not determinative, but they can be useful to the landlord (if someone isn't filing a NYC resident income tax return, but is claiming RS status, there's a potential inconsistency) which is why I said not to send them.
BubbaJoe123
 
Posts: 268
Joined: Mon Jun 30, 2014 5:31 pm


Return to NYC Rent Regulated Apartments

Who is online

Users browsing this forum: Google [Bot], Majestic-12 [Bot] and 39 guests