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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2677
Experience:  Litigation Attorney
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NYC resident here. I'm a listed occupant on a lease

Customer Question

Hello, NYC resident here. I'm a listed occupant on a lease of the leasee being my grandmother who passed away here in Stuyvesant town. She passed away while in another state as well. I thought I would be able to stay until the lease expires next year however the landlord office has returned my certified bank check stating the check needs to be from the tenant on the lease. I Am listed as an occupant on the lease. What should I do??? How long do I have??? Nervous I will be evicted without ample time to move.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.
How long have you lived there?
Expert:  Christopher B, Esq replied 1 year ago.
Also is it rent controlled?
Customer: replied 1 year ago.
Lived here since 2004. Rent stabilized
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. For rent stabilized and rent controlled apartments throughout New York State, a "family member" of the tenant may have the right to a rent stabilized renewal lease or protection from eviction in an apartment under rent control when the tenant dies or permanently leaves the apartment. "Family member" is defined as either a spouse, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the tenant or permanent tenant.The definition of "family member" also includes any other person(s) residing with the tenant or permanent tenant in the housing accommodation as a primary resident, who can prove emotional and financial commitment and interdependence between such person(s) and the tenant.The following are to be considered in determining whether emotional and financial commitment and interdependence between the tenant and such other occupants existed:a) longevity of the relationship;b) sharing of or relying upon each other for payment of household or family expenses, and/or other common necessities of life;c) intermingling of finances as evidenced by, among other things, joint ownership of bank accounts, personal and real property, credit cards, and loan obligations, sharing a household budget for purposes of receiving government benefits, etc.;d) engaging in family-type activities by jointly attending family functions, holidays and celebrations, social and recreational activities, etc.;e) formalizing of legal obligations, intentions, and responsibilities to each other by such means as executing wills, naming each other as executor and/or beneficiary, granting each other a power of attorney and/or conferring upon each other authority to make health care decisions each for the other, entering into a personal relationship contract, making a domestic partnership declaration, or serving as representative payee for purposes of public benefits, etc.;f) holding themselves out as family members to other family members, friends, members of the community or religious institutions, or society in general, through their words or actions;g) regularly performing family functions, such as caring for each other's extended family member and/or relying upon each other daily for family services;h) engaging in any other pattern of behavior, agreement, or other action which evidences the intention of creating a long-term, emotionally committed relationship. A family member has the right to a renewal lease or protection from eviction if he or she 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. If the family member trying to establish succession rights is a senior citizen or disabled person, then the minimum period of co-occupancy is reduced to one (1) year.So yes you as the "family member" must have lived with your tenant for 2 years as your primary residence (1 year if that family member is a senior citizen or disabled person) which seems to be the case and you can take over as master tenant in this apartment as a right of succession of your grandmother as a "family member" since you qualify as family as a grandson or granddaughter. Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
Expert:  Christopher B, Esq replied 1 year ago.
Sorry, I don't do live phone calls on this site as it may affect my standing in my state bar association. If this a problem please let me know (I had already typed out most of my answer). I can continue to converse with you and answer your questions but if you need to speak to someone over the phone, I can opt out and open it up to other experts.
Expert:  Christopher B, Esq replied 1 year ago.
I see you have reviewed my answer, do you have any further questions? If not, please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
Expert:  Christopher B, Esq replied 1 year ago.
Any chance for a positive rating? I would like you to be satisfied with my service and need to know what else I can do to earn a positive rating. The site does not compensate me for my work without your feedback.
Expert:  Christopher B, Esq replied 1 year ago.
Do you need help with the rating system? We expect to answer these questions with the expectation that our work will be compensated by the site. Without your positive rating that won't happen, so if you could take the extra step and help me out, I would appreciate it. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.

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