Succession Rights For Family Members

Q.  Does the son of rent-stabilized tenants have the right to continue to live in the apartment and get a new lease in his own name after Mom and Dad have moved out?
A.  David A. Kaminsky, a Manhattan lawyer who specializes in landlord-tenant law, said that under the rent laws, a family member of a stabilized tenant has succession rights to the apartment, provided he has occupied it for two years before the stabilized tenants permanently vacate it. He noted that in the case of a succeeding tenant who is 62 or older, or disabled, the period of occupancy is reduced to one year. Mr. Kaminsky further noted that although a landlord is not required to change the names on the lease until the current lease expires – thereby leaving the parents liable for the payment of rent until that time – the landlord must put any renewal lease in the name of the family member.

The owner of this website has made a commitment to accessibility and inclusion, please report any problems that you encounter using the contact form on this website. This site uses the WP ADA Compliance Check plugin to enhance accessibility.