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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111655
Experience:  Attorney with over 24 years experience.
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My mother and I moved into a Rent Stabilized Apt. in 1969.

Customer Question

My mother and I moved into a Rent Stabilized Apt. in 1969. (I was 17)
She passed away in Dec. 2013. At least 2 years prior to her death I was staying with her. Landlord let me stay until the lease expires on Aug 10, 2015 unless I pay back SCRIE money and $2500.00 a month. I am now 63 and will be 64 in February.
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
Attached is copy of what the Landlord is demanding. I need an answer today if possible
Customer: replied 1 year ago.
This is easier to read.
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.
If you had been living with your mother you are entitled to inherit her rent stabilized apartment and the rights that come with it. Also, if you are a senior citizen as well, you are entitled to apply for SCRIE on your own as well. Thus, the landlord is not going to be able to forcibly remove you from this apartment and should be issuing a new lease in your name in accordance with the terms of the stabilization laws. You need to get a local attorney involved here to deal with the landlord if he is refusing and if you cannot afford an attorney then you need to go to your local legal aid office and also to the local NYC housing/rent stabilization office in your area and apply on your own for the SCRIE and also they will assist you in explaining to the landlord your succession rights to inherit your mother's lease to the premises.
Customer: replied 1 year ago.
There are a few extenuating circumstances. I am separated from my husband and he resides in what was our apartment. Not sure if the Landlord knows this as it is co-op. My question is as follows: First, is the Landlord entitled to the difference between the SCRIE and what my mother was paying from Jan. 2014 to Aug 2015. I was under the assumption that this is a tax break they get no money. If she takes me to Court how long would it take for me to be served? I would probably let her have the apt but what I attached shows you the amount she wants just for me to stay there until Sept. 10th. (I work so don't believe SCRIE is relevant but I am 63
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The landlord is not entitled to the refund of the SCRIE if you qualify by being head of household 62 or older. If you are not head of household, then you would not qualify and the landlord is entitled to refund of anything he ACTUALLY HAS TO REPAY on the SCRIE if you are not qualified for him to receive it.
If the landlord were to sue you in NYC it would take them at least 6 months minimum to get you out if they even could get you out. They can serve you quickly, within about 10 days, but then you have a right to file an answer and object and then it goes to court and the NYC courts on housing cases are pro tenant and if you have a lawyer the chances are they will not be able to evict you at all.
Customer: replied 1 year ago.
I am 63 now. When my Mom passed away I was 61. As I stated my husband is in a stabilized apt. in the bldg. but we are not together though should have no bearing. If I was to give the apartment up is she entitled to what she is asking for if I want to stay until Sept. Seems like letting her take me to court would not come any where near what she is asking.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
No, she would not get what she is asking for, which I am presuming what the attorney you spoke to locally through your friend is saying as well. I would suggest you complain to the rent stabilization board, since you have legal rights to inherit the apartment.

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