Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    New condos in Manhattan
    Investing
    Rise of all-cash deals in NYC reshapes the real estate market
    empty nesters in modern kitchen
    Rent
    Empty nester checklist: What to consider if you are buying or renting in NYC
    co-op board reference letters NYC
    Co-ops
    Here are 8 real co-op board reference letters from successful buyers
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Rachel's one-bedroom co-op apartment is newly renovated.
    Roommates + Landlords
    Why I moved to NYC from Long Island: After living with mean roommates, I wanted to own a place of my own
    Apartment buildings on MacDougal Street in Greenwich Village
    Affordable Housing
    Cuomo’s attack on Mamdani’s $2,300 apartment brings rent stabilization into the spotlight
    Woman walking down street in Jackson Heights
    Roommates + Landlords
    Ask Altagracia: Can my landlord refuse a lease assignment if I need to break my lease?
    Sponsored By Outerbridge Law P.C.
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Aerial view of downtown Brooklyn
    Sell
    Median sales price in Brooklyn climbs to $995,000 in the second quarter
    Downtown New York City
    Sell
    Manhattan deals rose to highest level in nearly two years, defying national trends
    Modern residential buildings in Chelsea, Manhattan
    Negotiations + Closings
    What is a post-closing possession agreement and what are the risks for buyers and sellers?
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Woman on the phone to a plumber about a leaking sink
    Small Projects + DIY
    Here's what I learned to get our absentee landlord to fix things fast
    Big Apple Moving stackable eco-friendly bins
    Products + Test-drives
    Do I have to use cardboard boxes when moving in NYC? Are there any green alternatives?
    Sponsored By Big Apple Moving
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    insurance adjuster inspecting mold
    Products + Services
    How to tell if your apartment has mold—and how to get rid of it
    Woman on the phone to a plumber about a leaking sink
    Small Projects + DIY
    Here's what I learned to get our absentee landlord to fix things fast
    mini splits apartments new york city
    Products + Services
    Yes, you can install central AC in your co-op or condo unit. Here's how
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Big Apple Moving stackable eco-friendly bins
    Products + Test-drives
    Do I have to use cardboard boxes when moving in NYC? Are there any green alternatives?
    Sponsored By Big Apple Moving
    Woman walking down street in Jackson Heights
    Roommates + Landlords
    Ask Altagracia: Can my landlord refuse a lease assignment if I need to break my lease?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: Can I take over my grandmother's rent-stabilized apartment if I’m not on the lease?

By Himmelstein McConnell Gribben & Joseph LLP  | February 23, 2022 - 9:30AM
image

The most fundamental rule for succeeding a relative in a rent-stabilized apartment is that you lived in the apartment with them for two years before they vacated or passed away, says attorney Sam Himmelstein.

iStock

SHARE:
Share to Facebook
Share to Twitter
Print
More...

My grandmother lived in her apartment for over 40 years before her death this month. I have lived with her on and off and was born and raised here. My grandmother always said I would take over her apartment after she died, but management says she took me off the lease some time ago. I was offered another unit but I want to stay in this apartment. What are my options?

The most fundamental rule for succeeding a relative in a rent-stabilized apartment is that you lived in the apartment with them for two years before they vacated or passed away, says Sam Himmelstein, a lawyer at the firm Himmelstein, McConnell, Gribben & Joseph who represents residential and commercial tenants and tenant associations.

“A lot of people believe if they grew up in the apartment or lived there on and off, they can succeed the relative who is on the lease,” Himmelstein says. “In reality, none of that really matters, because to be able to succeed, the only relevant period is the two years immediately preceding the tenant’s death or vacating of the apartment.”

An exception is for occupants who are over the age of 62 or are disabled—in their case, there is a one-year required occupancy period prior to the tenant leaving. And for occupants who had to leave the apartment for reasons like military service, hospitalization, or school, those absences will not interrupt the required period of co-occupancy. (For more on the rules for succession, see this previous Ask Sam column.)

To make a successful case for succession, you must be able to demonstrate you occupied the apartment for the required period of time.

“It’s all about your physical presence in the apartment, and the burden of proof is on the successor, not the landlord,” Himmelstein says. “If your grandmother did remove your name from the lease, that’s harmful to your case, as it’s an admission you weren’t living there.”

It’s also common, Himmelstein says, for family members to believe that they have been listed as co-tenants on a lease, when in fact they were simply listed on a form provided to the landlord advising that they were occupying the apartment.

If you were removed from the lease mistakenly, you can try to build a case for your succession through extensive documentation of your residence in the apartment. This may include tax returns, your driver’s license, voter registration, and credit card and bank statements that show you made purchases in the building’s neighborhood.

One factor on your side is that since the major changes to New York's rent laws in 2019, many landlords are not bothering to fight succession cases.

“They can’t de-regulate apartments anymore—they can only raise the rent by a small amount, so there’s no economic benefit to them to fight a succession case,” Himmelstein says. “The exception is in co-op or condo buildings, where the stabilized apartment will be deregulated immediately upon the tenant vacating—there is some pushback from landlords in those cases.”

If you’re expecting resistance, hire an attorney to help you with organizing all the necessary documents and making a written request to the landlord for your succession rights.

“A landlord who turns down the request has to bring an eviction case against the successor when the tenant’s lease expires, at which point the tenant can interpose a succession defense,” Himmelstein says. “If the court rules against them they can be evicted, but if they win, not only can they stay, but they may be able to recover their legal fees, if the tenant’s original lease had a legal-fee clause.”

Note that these cases often take a couple years to be resolved in the courts, so whatever the result, you won’t be kicked out of the apartment in the immediate future.

Related: 

Ask Sam: How do I succeed a relative in a rent-stabilized apartment? (sponsored) 

Ask Sam: I've been living in my mom's stabilized apartment, but never put my name on the lease. Can I claim succession rights? (sponsored)

Ask Sam: Will I lose my rent-stabilized apartment if I have to leave town to care for a sick relative? (sponsored) 

Ask Sam: What are the rules for succession in Mitchell-Lama housing? (sponsored) 

Read all our Ask a Renters Rights Lawyer columns here.


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Alanna Schubach

Alanna Schubach

Contributing writer

Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist.

SEE MORE BY Alanna Schubach »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia landlords rent regulation tenants tenants' rights
SHARE
TWEET
BRICK’S PICKS
empty nesters in modern kitchen
Empty nester checklist: What to consider if you are buying or renting in NYC
NYC apartment building with AC units
My neighbor's dripping AC is driving me crazy. What can I do?
Historic brick facades of NYC apartment buildings
Getting overcharged by a landlord? Here’s how the Tenant Protection Unit helps rent-stabilized tenants
Apartment buildings in Soho
New Rent Guidelines Board report justifies a rent freeze, tenant advocates claim
Brooklyn apartment buildings
Understanding net effective rent: Here's how to calculate your real monthly rent
image
How much should you renovate your NYC apartment or house before selling?
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login