Legal Question in Real Estate Law in New York

Rent Control Issue

I live in a apartment in a rent control build in Manhattan NY with my brother. My brother is moving out but the lease is in his name. Are there laws protecting a family member in changing the lease over to another family member without penelty or rent increase.


Asked on 6/24/03, 1:14 pm

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Rent Control Issue

A brother or sister is a "remaining family member" . However, you would have to prove you lived there for 2 years as your primary residence. A remaining family member with succession rights stands in the shoes of the tenant who left the apartment, and should only have to pay the same rent that the old tenant would have paid. In rent stabilized apartments, this means that the landlord is only allowed to get a rent increase when the lease is up, and can only charge the same legally allowed increase that the old tenant would have been charged when the lease was renewed.

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Answered on 6/24/03, 11:49 pm
Arnold Nager Arnold H. Nager, Esquire

Re: Rent Control Issue

Yes, if you've lived there for two years, but expect to have a rough time with the landlord.

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Answered on 6/29/03, 11:44 pm


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