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Succesion case

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

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Succesion case

Postby brasco212 » Mon Oct 30, 2017 6:50 pm

My relative has been living with his mom 60 years until his mothers death. He has succession rights to the apartment and the case has been ongoing over year. At one point he left the house about 10 years ago for a couple months and applied for welfare and applied as homeless. Since then he kept his welfare status the same even while living back at the apartment. He could of still received benefits even if he filed living at the place, but he kept the homeless status the same so he didnt have to delay the application process.

Can this be used against him in court? He does have mail (non bills) at the house, and some paper work that shows he was his mothers health proxy. His lawyer was afraid this may come up and doesn't know what to do and prefers to settle on a buy which we dont want.

what do you advise?
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Re: Succesion case

Postby TenantNet » Mon Oct 30, 2017 8:25 pm

Is the unit rent control or rent stabilized? Did he live with his mother continuously up until the time she passed?

Become familiar with DHCR rules on succession: http://www.nyshcr.org/Rent/FactSheets/orafac30.pdf

You say there's an ongoing case. Is it in the courts or with DHCR?

In my view, that he left the apartment for a period of time ten years ago should not be a major factor. What is important is that he lived in the unit with his mother for the two years immediately prior to her passing (one year if he is over 62 or disabled).

A family member has the right to a renewal lease or protection from eviction if he or she resided with the tenant as a primary resident in the apartment for two (2) years immediately prior to the death of, or permanent departure from the apartment by the tenant. The family member may also have the right to a renewal lease or protection from eviction if he/she resided with the tenant from the inception of the tenancy or from the commencement of the relation- ship. If the family member trying to establish succession rights is a senior citizen or disabled person, then the minimum period of co-occupancy is reduced to one (1) year.

As to his receiving welfare and any representations he made - currently makes - regarding that status, I really don't know the answer to that. That's why a good lawyer can help. Whether or not a judge buys into that, it's hard to say. However the LLs attorney will likely want to make it an issue. Does the LL even know about it?

Your attorney suggests it might be an issue and has suggested a settlement that you do not want. I would then get a second opinion from another lawyer that has experience with succession cases.

FYI, we are not attorneys (we are just tenants, although experienced) and we cannot give legal advice. Nor do we practice in Housing Court. It's worth getting another opinion, but from someone that knows the best answer.
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