QUESTION

succession rights

Asked on Dec 08th, 2016 on Landlord and Tenant Law - New York
More details to this question:
My grandmother has lived in her rent stabilized apt in NYC for 35 yrs. I've been living with her since August 2015. I have been receiving all my mail there since that time. We recently found a form, about a week ago now, from DHCR titled "Notice to Owner of Family Members Residing with the Named Tenant in the Apartment Who may be Entitled to Succession Rights/Protection from Eviction (RA-23.5). We plan to submit this to management but we have a few questions. 1 Since we found this form recently and not when I began staying with her back in August 2015, will this form really matter? 2 Also my grandmother and I have different last names. She's my mother's mother. Do I need to provide documentation showing she's the mother of my mom and that I am my mom's son to clearly show the relation? 3 Should we also provide a notarized letter by my grandmother stating both when I moved in and that I am her grandson? Should we file a copy with county clerk as well? What else should we do?
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1 ANSWER

Landlord and Tenant Law Attorney serving New York, NY
The form is not dispositive...it only constitutes a notice to the landlord. For succession rights, you must live with your grandmother for a minimum of two years prior to her vacatur. Allo f your and your grandmother's documents must reflect this address for the two year period immediately prior to your grandmother vacating the apartment. Your succession rights won't vest until your grandmother vacates.
Answered on Dec 09th, 2016 at 7:20 AM

This response is for general informational purposes only. An attorney-client relationship is not being formed.

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