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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111683
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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What are the BEST ways/documents/evidence to prove Right to

Customer Question

What are the BEST ways/documents/evidence to prove Right to Succession?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Can you please explain what is going on so we can provide you the information you are seeking?
Customer: replied 1 year ago.
What are the BEST ways/documents/evidence to prove Right to Succession?
Mom passed Aug of 2013, LL wants me out of Rent stabilized apt...
I got court case adjourned... I want my answer to "resolve" or dispose of this case so I may get a proper lease...
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Under NY law, to prove you have the rights to succession of the rent stabilized apartment you need to present evidence of the following:
1) you resided with the tenant as a primary resident in the apartment for two (2) years immediately prior to the death of, or permanent departure from the apartment by the tenant. The family member may also have the right to a renewal lease or protection from eviction if he/she resided with the tenant from the inception of the tenancy or from the commencement of the relationship.
2) If you are a senior citizen or disabled you have to prove that and then the minimum period of co-occupancy is reduced to one (1) year.
So you need to present witnesses or other evidence you lived in the apartment at least 2 years (or 1 year if applicable) before her death, which gives you rights to succession of the apartment.

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