Flushing, NY asked in Landlord - Tenant for New York

Q: In Completing Tenant's Answer to Holdover Petition & Counter Claim, my defense is Succession Rights. How may I begin?

This concerns a 62, a home attendant who worked 10+ years with a special needs individual whose tenant of record mother, LONG WITH HER, resided in a 1930, four family dwelling place in Ridgewood, N. The home attendant lived with this mother daughter team in a non traditional family relationship. In 2018, the tenant of record died, followed by the special needs daughter place in a facility in 2019. The landlord at no point during the home attendant's residing with the family requested or offered a lease to the non family member. but one 9/13/2022, the owner issued a Notice to Terminate Tenancy at Will and on January 9,2023, a Holdover Notice of Petition.

Additionally, the original tenant resided in the apartment prior to 1971. I was under the impression that the 1930 edifice coupled with the fact there was no lease for the original tenant, categorized the apartment under rent control . Please clarify your position.

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1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: I gather you are a friend. You posted a similar question. I suppose you believe the home attendant living with a family for all those years, in a so-called non-traditional family relationship, and with no other place of her own to call home, and now aged 62, is entitled to a permanent property interest, as a tenant, in a private four-family home.

You mixed up terms of art that pertain to Rent Stabilization with these stated facts "non-traditional family" that are not connected to privately owned non-rent regulated housing.

I believe some attorney suggested you best secure an attorney for your friend. You have not done so, and now it is two months since the eviction case was filed.

Unless this house is a very unusual four-family house, succession rights do not exist. But by all means get an attorney for your friend.

Peter J. Weinman and Daniel Michael Luisi agree with this answer

1 user found this answer helpful

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