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? 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
    Governor Kathy Hochul signs new budget
    Live
    Hochul signs $269 billion budget with new pied-à-terre tax for NYC
    Towers of the East River Co-ops (1956) in the Lower East Side, NYC. In the foreground is the East River and East River Park under renovation. These were the tallest reinforced concrete apartment structures in the United States at the time of their construction.
    Co-ops
    How first-time NYC buyers can apply for up to $100,000 in down payment assistance
    Astoria Queens apartments
    Negotiating + Financing
    The home loan that lets first-time buyers put as little as 3 percent down
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    New York Knicks Game 4 NBA Finals
    Rent
    Cheering the Knicks NBA championship win and recalling more affordable NYC rents
    Governor Kathy Hochul signs new budget
    Live
    Hochul signs $269 billion budget with new pied-à-terre tax for NYC
    Bernie Sinclaire and Anabelle Gonzalez and children
    Live
    Is a ‘mommune’ right for you? Why two single NYC moms say combining households beats struggling alone
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Condo buildings near Hudson Yards
    Sell
    Manhattan co-op and condo deals above $3 million doubled in the first quarter
    Apartment buildings in New York City
    Sell
    What is a pied-à-terre? What makes it different from a typical NYC apartment?
    renovating before selling
    Renovation
    How much should you renovate your NYC apartment or house before selling?
  • 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
    The Juan and Emilia Sala House at 13 West 74th St.
    Live
    The Juan and Emilia Sala House at 13 West 74th St: A brazen theft on Christmas Eve
    The 1887 Henry and Helen Hirsch House at 116 East 95th Street
    Live
    The 1887 Henry and Helen Hirsch House at 116 East 95th St: A parade of wealthy occupants
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Blue cabinetry and window-paned interior doors
    Design + Architecture
    Who should you hire to renovate your luxury Upper East Side co-op?
    Sponsored By YossiG & Home Evolutions
    Manhattan Midtown Skyline View From the East River
    Improve
    New York just extended the J-51 tax abatement. Here are five key details condo and co-op boards need to know
    Modern windows matched with a stone facade
    Improve
    What type of window is right for your NYC home? A property-by-property guide
    Sponsored By Window & Door Pro
  • 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
    Blue cabinetry and window-paned interior doors
    Design + Architecture
    Who should you hire to renovate your luxury Upper East Side co-op?
    Sponsored By YossiG & Home Evolutions
    Three women lounging amusingly upside-down on a couch in a clean, brightly lit apartment
    Rent
    How to find a sublet in NYC: The online platform connecting apartments and renters
    Sponsored By Ohana
  • 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: I've been living in my mom's stabilized apartment, but never put my name on the lease. Can I claim succession rights?

By Himmelstein McConnell Gribben & Joseph LLP  | February 15, 2017 - 1:59PM
image

I've lived in my mother's rent-stabilized apartment for years, and though she moved out 5 years ago, we never changed the name on the lease. (She's continued to sign renewal leases and pays the rent in her name.) The landlord recently found out, and gave us notice that they won't renew the lease, on the grounds that the apartment is no longer her primary residence. But can't I claim succession rights?

Believe it or not, whether or not you can claim succession rights to your mother's rent-stabilized apartment may depend on which borough your apartment is in, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations. 

Usually, the rule for gaining succesion to a parent's apartment is fairly straightforward, as we've written previously—you need to reside in the apartment with your parent for two years before they vacate (that time shortens to one year if you're disabled or older than 62). During that period the apartment must have been your and the tenant’s primary residence. And though you did spend the requisite amount of time living with your mother before she moved out, the fact that she didn't inform the landlord—and has kept the apartment in her name—makes things considerably more murky.

"New York State is divided into four judicial departments, and two of them cover parts of New York City," Himmelstein explains. Manhattan and the Bronx are encompassed by one of these departments, while Brooklyn, Queens, Staten Island, Long Island, Westchester, Duchess, Rockland, Orange and Putnam counties are encompassed by the other. And currently, these two departments are operating based on separate precedents when it comes to cases like yours.

In Brooklyn, Queens, and Staten Island, courts currently follow the precedent set by a 2014 case called Mexico Leasing LLC vs Jones, in which a tenant had lived in his parent's apartment for 32 years, but hadn't had his name added to the required paperwork. In this case, says Himmelstein, the courts ruled that the principles of succession rules were more important than the technicalities in question. "So the successor was allowed to show that he had been there for two years before the parents left, even though they had left years earlier, which outweighed the more technical requirements," Himmelstein explains.

However, Manhattan and Bronx courts currently operate based on a 2009 case, in which a court ruled that if a tenant has continued to renew leases and pay rent in their name (as your mother has done), then they can't claim that they've permanently vacated the apartment, even if they haven't lived there for years. That would mean that the "permanent vacate" date would be at the end of the current lease, and that your two year lookback period of residence would end then.

"Here, your mother's 'permanent vacate' date would start now, and you wouldn't have succession rights since you weren’t' living there together in that two year period," says Himmelstein. "She wasn't living in the apartment, and you have to live with the parent for one or two years immediately preceding the time they permanently vacate the apartment."

"So what this means is that when you continue to renew the lease and pay the rent, you can't say that you vacated," he adds.

Currently, Himmelstein notes, the State Court of Appeals is looking at these cases with the intention of resolving this legal discrepancy between the boroughs. "Right now, the answer depends on where you live," says Himmelstein. "Pretty soon, though, we'll have a definite answer which will likely be the law no matter where you live."

See all Ask a Renters' Rights Lawyer


 

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, Donoghue & 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.

You Might Also Like

apartment buildings in the East Village neighborhood of Manhattan in New York City
Troubleshooting Ask Sam: How do I succeed a relative in a NYC rent-stabilized apartment?
image
Affordable Housing Ask Sam: Will I lose my rent-stabilized apartment if I have to leave town to care for a sick relative?
image
Rent Ask Sam: How long can my family stay with me in my rent-stabilized apartment?

 

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 rent regulation
SHARE
TWEET
BRICK’S PICKS
New residential buildings in Long Island City, Queens
Changes to lending rules from Fannie Mae and Freddie Mac alarm NYC condo buildings
Governor Kathy Hochul announces proposed a pied-à-terre tax
Hochul unveils new pied-à-terre tax on NYC luxury second homes
harassment from a neighbor NYC
Is your neighbor harassing you? Follow these 4 steps to handle the problem
brooklyn apartments
No co-signer for your rental? No problem—try these 6 guarantor workarounds
Common space at Outpost Group's Williamsburg location.
Co-living 2.0: Proposed NYC law would legalize shared housing in new development to ease housing crisis
Manhattan apartment building
Cool homes for all: A guide to NYC’s new AC mandate for rentals
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 | Powered by Mortar CMS, the AI CMS