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
    Apartment buildings in New York City
    Sell
    What is a pied-à-terre? What makes it different from a typical NYC apartment?
    houses in Queens, NY
    Live
    Ossé calls on Hochul to halt evictions for deed theft victims
    NYC buildings along the East River
    Co-ops
    Submitting a co-op board package? Starting this summer, you’ll be approved (or rejected) much faster
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Stephanie moves from Chicago to UES
    Rent
    Why I moved to NYC from Chicago: My Midwest life felt stable but I was craving ‘energy and urgency’
    Rent Guidelines Board vote 2025
    Affordable Housing
    Mamdani appointments to RGB board pave the way for a rent freeze
    cast iron radiator next to a window
    Live
    Is your rent-stabilized apartment too hot in winter? This tenant group wants to know
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    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?
    Residential towers in Downtown Brooklyn
    Sell
    Brooklyn’s median price rose to $990,000 in the fourth quarter, third-highest on record
  • 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 Conant House at 25 Stuyvesant St
    Live
    The 1861 Conant House at 25 Stuyvesant St: A narrow Anglo-Italianate home on a triangular plot
    The Radiker House at 159 West 87th St.
    Live
    The Radiker House at 159 West 87th St: Taming the west side of Central Park
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Shimon Olesker and Mark Seidenfeld, founders of Just SO Constructionwith a company van
    Renovation
    5 Manhattan renovation pitfalls and how to avoid them
    Sponsored By Just SO Construction
    Park Avenue kitchen update by Prime Renovations with IKEA cabinets
    Renovation
    IKEA vs. Home Depot: Which should you choose for a NYC kitchen renovation?
    one-bedroom floor-through loft at 419 Wythe Ave. in Williamsburg
    Renovation
    The 7 best ways to find a short-term rental while you renovate your NYC apartment
  • 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
    Shimon Olesker and Mark Seidenfeld, founders of Just SO Constructionwith a company van
    Renovation
    5 Manhattan renovation pitfalls and how to avoid them
    Sponsored By Just SO Construction
    Manhattan downtown skyline at sunrise
    Rent
    Ask Altagracia: My landlord threatened to raise my rent after I reported unsafe wiring. What are my rights?
    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: 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
SHARE:
Share to Facebook
Share to Twitter
Print
More...

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

image
Rent Ask Sam: How long can my family stay with me in my 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?
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?

 

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
Manhattan apartment building
Cool homes for all: A guide to NYC’s new AC mandate for rentals
renovating before selling
How much should you renovate your NYC apartment or house before selling?
staged outdoor space NYC at 212 East 70st St. #4b
Selling in winter? Here's how to stage your outdoor space
Man looking at his phone in NYC street
Why you should check reviews from current tenants before you sign a new lease
brownstone NYC
You bought a NYC brownstone. How are you going to manage it?
three-bedroom duplex condo in Williamsburg is listed for $1.8 million
How much does moving to the suburbs cost vs. staying in NYC?
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