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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 113453
Experience:  Attorney with over 24 years experience.
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I want to move in with my grandfather who is disabled to

Customer Question

I want to move in with my grandfather who is disabled to help him out but he also lives in Manhattan and has lived there for 40 years and I want to be sure that when the time comes and he passes that I can't get evicted from the apartment or have the rent raised significantly what can I do to protect myself or how can I avoid this
Submitted: 1 year ago.
Category: Landlord-Tenant
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.

Is it a rent controlled or stabilized apartment? Will he be putting you on his lease?

Customer: replied 1 year ago.
To be honest I don't know if it's rent stabilized or rent controlled. I know he pays a very low rent compared to what the market is asking for and as far as putting me on the lease I'm not 100% sure I'm kind of just looking for how to protect myself.
Customer: replied 1 year ago.
If I were to guess I believe it's stabilized. I grew up in the apartment and moved out 3 years ago, but now I want to move back and keep that apartment at that same rate.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Okay, your grandfather needs to add you to the lease. Your grandfather also needs to write a will leaving you the apartment in his will. A relative living with a tenant and who is on the lease has a legal right to inherit the premises and can get the same rights that the original tenant has, meaning the rent would be stabilized for you upon his death.
Customer: replied 1 year ago.
I was told and correct me if I'm wrong that he wouldn't be able to will a rental over to me in New York City? If he adds me to the lease now with that penalize him or raise his rent by adding someone ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
That is not the case. According to the NY Housing Authority, "When a tenant in a rent-stabilized or rent-controlled apartment dies or moves, certain family members (including nontraditional family members who are not necessarily related) who have been living in the apartment have the right, under certain conditions, to take over the tenancy.
“Succession rights” refer to these family members’ rights to be named as the primary leaseholder in future rent-stabilized renewal leases, or to become the tenant of record in rent-controlled apartments (where there are no leases)."
So you have the right to succeed to his apartment and his rent.
Customer: replied 1 year ago.
Since I don't currently live in the apartment but will be moving in in the new year can I secure my position by putting bills under my name until he knows his lease and him and is able to add me on to it or how can I secure residency there or proof that I live there
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You need more than bills, you need to have him contact the management and add you to the lease as a family member and caregiver. He needs to add you to the lease, the law is specific you need to be on the lease to have the succession rights.
Expert:  Law Educator, Esq. replied 1 year ago.
Please do not forget to leave positive feedback, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 1 year ago.
my drivers license having that address as well as my car Insurance isn't sufficient as proof either?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The law requires that you be on the lease, that is what it specifically says in the law, so that is what you have to comply with.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your use of our service.
Did you have follow up questions? If so, please ask. If not, please do not forget to leave positive feedback, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.