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Succession Rights - sister died

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

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Succession Rights - sister died

Postby detour » Fri Oct 03, 2008 1:54 pm

Hi.

I'm new here and really need some advice, possibly a legal referral.

My sister died last month.
She lived in a rent stabilized apartment in the city for almost 20 years.

She also had hit the $2,000/month rent ceiling and apparently had a preferential rent (her income did not meet the min. requirements to remove her from stabilization).

She signed a two year lease a month before her passing.

Our mother was living with her during the illness (not her primary residence - though it had been in 2000) for most of the past year, and has been paying the rent since July.

Does my mother have succession rights to the lease?

If she does, is she able to legally sublet the apartment until we can figure out what to do?

This has been a very difficult time for us and I'm worried that she is making hasty decisions without obtaining the necessary facts.

thanks.
~detour
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Postby TenantNet » Fri Oct 03, 2008 2:18 pm

I moved this to the RS forum. Usually there requires co-habitation of 2 years (1 year if the tenant who passes or leaves was 62 years old or disabled).

Given the other issues, I would advise you to get legal advice from a tenant lawyer who really knows the succession issues. (several advertise here).

Also, make sure the estate is in order and whoever is the executor of the estate is in the loop. You may need an estate attorney as well.
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