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Rent controlled succession need advice

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

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Rent controlled succession need advice

Postby NVans » Tue Jan 28, 2020 12:21 pm

Hi. I need some advice here. I and my husband lived in a rent controlled apartment in HPD building for the last two years with a woman we helped and were as family. The woman has passed away recently. My husband moved out recently as we are not getting along. I am wondering if I will be eligible to stay in the apartment as a nontraditional family. My question is if the income we had as a family for the last two years will affect the decision of me staying at the apartment. My husband had a very high salary, but now I am on my own and my salary is low. Will they consider the last two years when we files together or my current situation for succession of the apartment. Does anyone have any insights on this? Thank you in advance.
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Re: Rent controlled succession need advice

Postby TenantNet » Tue Jan 28, 2020 12:52 pm

First, are you really RC? Many tenants think they are RS when in fact they are rent stab. The news media get it wrong most of the time. To be real RC tenants, you must have been in the unit since at lease 1971 or before.

Second, what sort of "HPD building" are you in? It might make a difference.

It appears you were additional occupants of the unit, and not the tenant of record. The RC status would have come from when the person who died moved in.

That your husband moved out recently might complicate things, but I don't think it will kill your chances if you meet all other criteria.

I would first read this from DHCR: https://hcr.ny.gov/system/files/documen ... eet-30.pdf

As for being a non-traditional family member, you have to see how your situation compares to the list in the Fact Sheet. I don't think the level of income is dispositive to this situation.

But I strongly urge you to consult with a tenant attorney who has experience with RC succession. Some of our advertisers do. Succession can get very complicated, especially if the LL is willing to litigate the issue. Assume they will.
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Re: Rent controlled succession need advice

Postby NVans » Tue Jan 28, 2020 6:40 pm

She lived here for more then 60 years. and the building is about 100 years old. I'm not sure what you mean when you say what sort of HPD building? So, how many years of income tax returns are needed to submit to HPD when filing for succession, do you know? Is there a maximum income one can make? Can you expand of what you mean his move out can complicate things? What can happen?
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Re: Rent controlled succession need advice

Postby TenantNet » Tue Jan 28, 2020 6:56 pm

So 60 years, would likely be somewhere around 1960, so that is likely real RC. Many/most tenants get that incorrect.

"What sort of HPD building?" Exactly that. There are many different types of buildings owned or managed by HPD. Many have regulatory agreements in place that may resemble standard RC/RS, but might not. You have to know what type to know the rules that apply.

Tax returns? As I said, income might not be a factor, except to show the finances between you, your husband and the deceased tenant had commingled finances and bank accounts. See the DHCR fact sheet.
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Re: Rent controlled succession need advice

Postby NVans » Wed Jan 29, 2020 12:19 pm

As far as finances we had a credit card, will that be ok? i also was buying food and household items, but how to prove it? what else would you suggest. thank you
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Re: Rent controlled succession need advice

Postby TenantNet » Wed Jan 29, 2020 12:55 pm

Was the credit card in the name of the prime tenant? Did you and the prime tenant both pay for food and household items? We can't say how DHCR would rule in any circumstance, but look at the Fact Sheet closely. Also look at DHCR decisions on succession. Seems they want to see real interweaving of your lives with the life of the tenant.

In a situation like this, I would recommend consulting with a tenant attorney that has a boatload of experience with succession issues. They will know how the courts and DHCR sees these issues.
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