“…winning a succession rights case in New York City may be the
closest thing to winning a lottery jackpot you ever experience…”
That’s what Tenants’ attorney Jeffrey McAdams, who has won numerous succession cases, tells clients with potential rights to inherit a rent-stabilized apartment in New York City.
The economic and legal benefits 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.
New York is a city in which tenants have a multitude of living situations involving rent-stabilized apartments and co-residency with others. Frequently, immediate family members or individuals who maintain family-type relationships share the same unit. Often, only one party is named on the lease and others aren’t. Under NYC rent laws, when the leaseholder vacates, it’s possible for the remaining occupants to “succeed” to the apartment, and gain rent-regulated legal protection.
Over decades of practice as a New York Tenants’ lawyer, Jeff McAdams has represented many clients in succession rights cases and won their rights to retain tenancy. Here’s what’s involved in the successful defense of these cases, and why you need experienced representation…
Succession Rights Cases Are Complex
and Almost Always Involve a Fight
Whenever there’s an opportunity to seize control of a rent-protected unit and deregulate it, landlords jump to take advantage. It can mean a lot more profit if the rent can be substantially increased. In addition, escaping renewal rights at the end of the lease tilts the balance of power even more in the landlord’s favor. So there’s little incentive to keep you in the apartment once the named tenant vacates. That generally means there’ll be a lawsuit attempting to evict you.
To retain tenancy rights in the apartment, you’ll have to demonstrate that you meet certain criteria. This includes cohabitation with the leaseholder for a period of at least two years in most instances, and proving that you have a close familial or similar relationship. Elderly and disabled individuals have a one-year co-habitation period. The unit must be the primary residence for both occupants during the required co-occupancy time frame.
The court will evaluate many other factors in reaching a decision on succession rights. These are a few of the major elements, among others:
- the length and nature of your relationship
- sharing of expenses
- legal documents such as Wills, Health Care Proxies or Powers of Attorney
- behavior patterns that evidence a long-term emotional commitment
You can learn more in these three articles Jeff has published:
You Can Bet Your Landlord Will
Show Up in Court with a Lawyer…
If you’re sued for eviction because the landlord is challenging your rights to succeed to the lease, he or she will usually retain experienced counsel. 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.
You stand the greatest chance of retaining your apartment with an experienced lawyer protecting your rights, who has a track record of winning succession cases. Tenants’ attorney Jeffrey McAdams can provide the representation you need.
Call Jeff McAdams today at 212-406-5145 about your succession rights case. Become fully informed about your rights. It can make all the difference in keeping your apartment.
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Jeff McAdams, Esq. has obtained for clients.
305 Broadway, Suite 610
New York, NY 10007
Fax: (212) 619-0714
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