Legal Question in Landlord & Tenant Law in New York

Does my landlord have to buy me out?

My mother in Law lives in Queens. She lives in a rent controlled appartment and has a contract that states she has the right to live there for the same rent untill she is 99. This is an old arrangemnet made when the previous owner (a family memnber) sold the house.

However she lives on the third floor and now that she is 71 the stairs are becomming a problem. She has asked the landlord if he wanted to buy out her contract, be he has refused. I assume he hopes she'll just leave. She can't sublet the appartment under the terms of the contract.

Now my question: It it possible in this situation to force the landlord to buy her out, or at least to adapt the appartment to her needs (chairlift). I would be much obliged to hear any opinions.


Asked on 9/05/05, 3:51 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Does my landlord have to buy me out?

There are a number of ways to deal with this problem.

1. a buy-out

2. ADA action to require the apt to become accessable

3. the lease may enable a 'family member' to take over the lease. The text of the lease is not the only source of authority on this issue. Because it is rent-controlled, a surviving family member may tale over the lease. But it must be done in a certain way.

a. the family member must move in with the priimary tenant to assist with 'life activities' for at least one year.

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Answered on 9/06/05, 1:00 pm


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