What does it mean to have "succession rights" under New York City's landlord-tenant laws? When a primary leaseholder vacates a property, remaining occupants sharing apartment costs and/or living arrangements have the right to sign on as the primary leaseholder, in order to gain rent-regulated legal protection.
If you are in a circumstance in which a succession claim is your best option, call me, tenants' rights and eviction defense attorney Jeff McAdams, with offices located on Broadway. I have been helping people protect their rights in the fiercely competitive New York City rental market for nearly 30 years. I understand the issues, and I know what lengths property owners will go to in order to raise rents on the next renter, rather than continue with rent controls.
Guard Your Ground, Lest Lawless Poachers Steal Your Rights
The New York City apartment rental market is among the tightest in the world. For every vacancy that comes on the market, hundreds of renters from around the city, the country or the world may be ready to jump on the lease. If you currently reside on a sublet arrangement, or live with a primary leaseholder who is moving, fighting for succession rights may be the only option you have to avoid eviction or facing substantial increases in rent.
The economic and legal benefits of a succession claim can be substantial, because in today's market a rent-regulated apartment can almost never be replaced with equivalent space and location for the price. When the total financial advantages are calculated and contrasted with the cost of a free market unit at current rates, the difference in expense and amount of savings can be staggering.
To Maintain Tenancy Rights, There Are Some Things You Must Demonstrate
Succession rights are not automatically granted to an individual already residing in an apartment. You must prove that you qualify. If the landlord wants you evicted after losing their primary leasee, you can count on them obtaining an experienced lawyer. You need and deserve experienced legal representation on your side, as well.
Many tenants attempt to defend themselves in housing court without a lawyer. However, a succession rights case is sufficiently complicated to make this a very risky proposition for even the most knowledgeable tenant.
I will help you demonstrate that you meet the required conditions, including:
- Cohabitation with the leaseholder for a period of at least two years in most instances
- Proving that you have a close familial or similar relationship with the original leasee
- The length and nature of your relationship
- Sharing of expenses
- Providing legal documents such as a wills, health care proxy or powers of attorney
- Behavior patterns that evidence a long-term emotional commitment
Contact My Office Before You File Any Paperwork In Housing Court
Call me at 212-257-9425 or send in the email contact form to arrange an opportunity to discuss your circumstances. I offer a free telephone consultation to review your case and explain the process of obtaining succession rights.