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Succession

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

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Succession

Postby Nathaniel Ruhlman » Thu Apr 18, 2002 11:00 am

My great-grandmother is on the verge of moving out of her rent controlled apartment and I would like to take it over. Here are the facts. I have lived here with her since 1991. I have been signing the rent checks for two years from an account that lists me as power of attorney. I have durable general power of attorney for her. My great grandfather moved into the apartment in 1932 with his first wife. He remarried in 1980 so the woman I live with is technically my step-great grandmother. When he passed away, she never signed any lease, but was told that she could live in the apartment as long as she paid the rent. As a final note, although I have selfish motivations for keeping the apartment, there are other factors involved. The nursing home is right around the street from the apartment and as I am her only relative in New york (she was never married before and has no children) I need to be close by and also want to have her over to the apartment frequently. Despite being 95 she still teaches voice and wants to continue giving periodic lessons out of the apartment. The landlord is aware of my presence, but how should I let them know when she's moving out? Should I even let them know? I could keep sending them checks so long as she is alive but I would prefer to do everything by the books. Help!
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Re: Succession

Postby consigliere » Thu Apr 18, 2002 3:55 pm

Great-grandfather, great-grandmother, great-grandson, and great-granddaughter are not listed as a "family member" for purposes of succession in DHCR Fact Sheet #30 - Succession Rights.
 
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Re: Succession

Postby TenantNet » Thu Apr 18, 2002 5:41 pm

There's no shame is wanting to keep an apartment - that's what the laws are supposed to do. Your situation appears to have some complications as to the Power of Attorney -- or did you acquire your own tenancy rights by being on the check. Although she's you step-ggm, make sure there's a marriage certificate somewhere. In ANY succession rights issue, better to get to a good tenant lawyer NOW, before you get into court. Plan out a strategy. Some tenant attorneys do a lot of work with succession, so shop around. What you really want is a negotiated settlement, not a court verdict. Time to get your ducks in line.
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Re: Succession

Postby marty » Fri Apr 19, 2002 8:01 pm

This is why you need a smart lawyer.

Dhcr fact sheet 30 does NOT apply to you, since it only applies after the new rule changes in june 1997.

You would have to prove your pemenant residence as of i think June 19,1995 to be grandfathered in.( 2years you had to live with her.)

So You cannot lose your sucession rights if you had them in june of 1997.. when the new law changed.

As always this is a High Stakes game you are playing, and it would be Nothing for the landlord to drop $10,000 on a lawyer since if they evcit you he can recoup that in less the a year with higher rents, and the same applies to you, spending $5 or $10,000 on a lawyer to protect your tenancy is Cheap, if you consider you would pay that much more in rent in a JUST year or 2 if you had to leave.. and to add insult to injury the Landlord's legal fees are TAX deductable yours aren't.
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Re: Succession

Postby consigliere » Sat Apr 20, 2002 10:59 am

Great-grandfather, great-grandmother, great-grandson, and great-granddaughter were not eligible for succession rights even before the Rent Regulation Reform Act (RRRA) of 1997.
 
The pre-1996 DHCR Fact Sheet #30 - Succession Rightshad a defintion of "family member" which included nephew and niece, which were excluded by the RRRA of 1997:
 
"Family member" is defined as a husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, father-in-law, mother-in-law, son- in-law, or daughter-in-law of the tenant or permanent tenant.
 
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Re: Succession

Postby Nathaniel Ruhlman » Sat Apr 20, 2002 11:27 am

Thanks for everyone's replies... in regards to the definition of "family member" according to fact sheet #30, there is the additional definition of "family member" beyond mother, father etc. I am her only family member, we have intermingled finances, and virtually every other requirment that is listed. Is there something that I'm missing? This is not some distant relative I barely know, this is a woman with whom I have a deep and symbiotic relationship with.
Nathaniel Ruhlman
 
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Re: Succession

Postby Lilly » Sat Apr 20, 2002 3:20 pm

I think you should get a lawyer and try for succession. I think you will win.
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