Any info on succession rights (apartments, rental, tenants)

[KDel1994]

I am moving out of my lottery but when I first moved in I was told I was able move out I was to leave my apartment to a family member. Now the management company is saying that I cannot.

[Truenewyorker]

To my knowledge, lottery apartmrnts cannot be passed down

[Denellis]

If that family member was on the lease when you entered or if you add that member later on then it can be pass to that person but if they weren’t on the lease then it cannot be passed down

[Plantmom]

As far as I know, you would have had to have a family member living there for at least 2 years as their primary address in order to pass it to them. This applied to my grandmother’s rent stabilized apartment. Some places would require that person to be on the lease as well.

[dime99]

Originally Posted by Plantmom

As far as I know, you would have had to have a family member living there for at least 2 years as their primary address in order to pass it to them. This applied to my grandmother’s rent stabilized apartment. Some places would require that person to be on the lease as well.

Yup, this is what I read as well.

[macnyc2003]

Read your lease. If you are rent stabilized, as you probably are, there will be a "rider" at the end of your lease that's a couple of pages long. In there you will find information on succession. I don't have my lease in front of me, but I looked at it when I signed it a few weeks ago, and I recall seeing that information.

[tlane11]

As others have said if your apartment is rent-stabilized then you do in fact have succession rights. You can find out more about that here with this fact sheet from housing:


https://hcr.ny.gov/system/files/docu...30-11-2019.pdf

[WildAboutHarry]

Originally Posted by tlane11

As others have said if your apartment is rent-stabilized then you do in fact have succession rights. You can find out more about that here with this fact sheet from housing:


https://hcr.ny.gov/system/files/docu...30-11-2019.pdf

This is helpful. Read it. Then call 311. You want guidance from professionals not anonymous posters. There are tenant advocate groups, try contacting one of them.

[BugsyPal]

Originally Posted by KDel1994

I am moving out of my lottery but when I first moved in I was told I was able move out I was to leave my apartment to a family member. Now the management company is saying that I cannot.

First understand you cannot "leave" anything to anyone. Rental tenants including those in rent controlled units do not own anything to "leave" anyone else.

That being said for RS units as already noted under certain circumstances persons having lived in apartment may have rights to "succeed" to said apartment. For lottery units there *may* be more than normal RS regulations piled on depending upon specific building. This will be spelled out in original lease and or any attached riders.

As matter of form many LLs in NYC will contest succession applications simply because they can. The process is not automatic so there is room for a LL to make mischief if he so choses. This applies even post 2019 when new RS laws took much of incentive out of getting RS tenants out of their apartments.

[randomperson2]

In a lottery building, unlike in the market, a landlord probably *can't* give the apartment to a family member unless they actually do have succession rights (which usually entails being on the lease or living in the apartment for a certain period of time). There will be a re-rental process for the general public. (A landlord in the market can, of course, rent to whom they choose within the limits of the law, so might be happy to have a new tenant move in without having to do any work to find them.)