If I’ve been living in a rent controlled apartment with my parents and the lease is under my late father’s name only and my mother is living in nursing home, can the landlord evict me from the apartment even I can pay for the rent?

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If I’ve been living in a rent controlled apartment with my parents and the lease is under my late father’s name only and my mother is living in nursing home, can the landlord evict me from the apartment even I can pay for the rent?

Asked on December 1, 2012 under Real Estate Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends.  You are considered to be a "family member" under the rent control law so your status there is fine. According to the NYC Rent Guidelines Board: 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. The first family member to establish succession rights on or after June 20, 1997 is not required to pay the owner a vacancy increase. Seek help. Good luck.


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