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Old 11-18-2021, 08:59 PM
 
32,024 posts, read 27,221,906 times
Reputation: 24957

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Quote:
Originally Posted by El_Mero_Mero View Post
I'm asking here instead of Reddit because I figure that you guys are more "authentic".

When my mother passes away (which will hopefully not be for a while), what kind of rights do I have to inherit her apartment at the same rent-controlled price?

Her rent is not frozen yet, and she thinks that she is not eligible to apply for that because her salary is too high, but she will (hopefully) be retiring sooner, rather than later. She currently has a rent-controlled apartment because she has been there since the 70s.

Additional Info:

-She is 72 years old.
-My name has been the one on the Con Edison bill for the last 2 years, and this location is my official address on my NY State ID.
-It is a 1BR in Queens
Seriously, if you can post query on Reddit or elsewhere you could have searched Google or whatever.

https://legalaidnyc.org/get-help/hou...ession-rights/

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

You should know LLs in general don't like succession claims to rent regulated units. They will on average fight using every legal trick in book. So if you think it will be simple as filling out and submitting paperwork, think again...

https://www.landlordvtenant.com/cate...ing-apartments
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Old 11-18-2021, 10:06 PM
 
8,085 posts, read 5,274,980 times
Reputation: 22686
Quote:
Originally Posted by fluttereagle View Post
how about trying to pay your own way like everyone else and not trying to take advantage of the system to screw everyone else?
+1.
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Old 11-19-2021, 04:19 AM
 
Location: NY
16,187 posts, read 6,944,085 times
Reputation: 12466
I have had experience on both sides of the fence.

Relative on Rent Control was able to pass to child living in same apartment.

Friend on Rent Control was unable to pass to child not living in same apartment.


The difference?

Documentation Provided
in which one child ( awarded the apartment ) was able to prove
one place of residence ( living with the parent ) while the the other
child showing multiple places of residences.
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Old 11-19-2021, 04:49 AM
 
43,843 posts, read 44,621,779 times
Reputation: 20638
Quote:
Originally Posted by Mr.Retired View Post

Relative on Rent Control was able to pass to child living in same apartment.
From what my research when my grandmother passed away when I came to live with her, one needs to prove that the relative (either spouse, child or grandchild of the deceased) must have lived in the apartment for at least 2 years before the leaseholder death (and proof can be asked for). I didn't qualify at the time as I hadn't lived there long enough.
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Old 11-19-2021, 08:46 AM
 
3,168 posts, read 2,776,830 times
Reputation: 2471
”Why should the landlord keep extending you this gratitude when others probably pay a significant amount more than you?”

The landlord isn't extending any damn thing. He's adhering to the law he knew existed when he bought the apartment. Also, do you think the landlord gives a damn about the interests of the ”others?” He just wants to line his pockets as much as he possibly can, which means you owe him adherence to the law and nothing else.

You need to have been living in the apartment for two years (less if you are disabled or over 62) at the time of the tenant's death or permanent departure to a care facility to have succession rights. There are a few exceptions related to being in college or serving in the armed forces, but you do still have to have been living there first. Only you can decide whether the prospect of a rent-controlled apartment is worth making it your primary residence (and living with your mom) for years first.
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Old 11-19-2021, 09:17 AM
 
107,100 posts, read 109,424,019 times
Reputation: 80471
Quote:
Originally Posted by El_Mero_Mero View Post
I'm asking here instead of Reddit because I figure that you guys are more "authentic".

When my mother passes away (which will hopefully not be for a while), what kind of rights do I have to inherit her apartment at the same rent-controlled price?

Her rent is not frozen yet, and she thinks that she is not eligible to apply for that because her salary is too high, but she will (hopefully) be retiring sooner, rather than later. She currently has a rent-controlled apartment because she has been there since the 70s.

Additional Info:

-She is 72 years old.
-My name has been the one on the Con Edison bill for the last 2 years, and this location is my official address on my NY State ID.
-It is a 1BR in Queens
but do you live there as a primary or are you just defrauding the landlord ?

there is a difference between actually living there vs trying to make it look like you are living there ….

my guess is you are defrauding the landlord falsifying documents or you wouldnt be asking
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Old 11-19-2021, 10:21 AM
 
108 posts, read 104,647 times
Reputation: 113
Dude you were better off on Reddit. This place is full of opinionated, narrow minded grumps. ( As you can see by the replies). You are entitled to the apartment, especially if you "lived" there for two years prior. Keep your mailing and ID address locked into that unit. And as metromoxo said, look into succession rights on the internet and take it from there. You'll be ok just don't worry about the negative nancies typing from their gloomy basement.
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Old 11-19-2021, 10:55 AM
 
Location: Brooklyn New York
18,507 posts, read 31,734,189 times
Reputation: 28073
Quote:
Originally Posted by El_Mero_Mero View Post
I'm asking here instead of Reddit because I figure that you guys are more "authentic".

When my mother passes away (which will hopefully not be for a while), what kind of rights do I have to inherit her apartment at the same rent-controlled price?

Her rent is not frozen yet, and she thinks that she is not eligible to apply for that because her salary is too high, but she will (hopefully) be retiring sooner, rather than later. She currently has a rent-controlled apartment because she has been there since the 70s.

Additional Info:

-She is 72 years old.
-My name has been the one on the Con Edison bill for the last 2 years, and this location is my official address on my NY State ID.
-It is a 1BR in Queens



do you live there now?
when did you live there?
did you ever live there?





and my logic tells me, by reading your statement about 'rights'
you dont have any rights to inherit the apartment if you are not living with her since the beginning.


like others have stated, this reads as though you want to rip the LL off basically and have a cheaper apartment instead of market rate.


I dont know if rent control apartments have leases.
in our building they didnt, because the tenants were there since the stone age until the died.


we have one woman that is stabilized, but she lived there since she was 7, got married, lived there with the husband and mother, got divorced and the mother died, so she is entitled to that apartment as she has lived there since age 7.




and you?
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Old 11-19-2021, 10:56 AM
 
686 posts, read 303,129 times
Reputation: 701
Quote:
Originally Posted by kingelz83 View Post
Dude you were better off on Reddit. This place is full of opinionated, narrow minded grumps. ( As you can see by the replies). You are entitled to the apartment, especially if you "lived" there for two years prior. Keep your mailing and ID address locked into that unit. And as metromoxo said, look into succession rights on the internet and take it from there. You'll be ok just don't worry about the negative nancies typing from their gloomy basement.

The replies by "opinionated, narrow minded grumps" are LLs' replies!!!!!!!
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Old 11-19-2021, 11:39 AM
 
107,100 posts, read 109,424,019 times
Reputation: 80471
guaranteed the op does not live there and just made fraudulent documents so it looks like he does …of course now he wont admit to it since it is fraud
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