Legal Question in Real Estate Law in New York
Succession Rights
A mother and her son have resided together in a rent-controlled apartment for over twenty years since the inception of the first lease. On the initial lease (over twenty years ago), it states that the apartment will be occupied by '[the mother] and her children only'. The son is now an adult as well. Over the course of their residency, the corporation having ownership of the apartment building has changed several times. On the present lease, the mother is the only person listed as the Primary Tenant. The Owner has just sent the latest Renewal Lease to be signed by the Tenant.
The mother has recently become severely ill, to the point where she is being cared for in a nursing home, and has been for several months. Her condition does not seem to be improving, so the length of her nursing home stay is not determinable at this time. Due to her severely compromised mental condition, she is unable to understand or sign the Renewal Lease for the apartment.
What is the best course of action for the son to successfully effect the Lease Renewal?
Can 'Succession Rights' apply, and should he first discuss this with the Owner corporation?
1 Answer from Attorneys
Re: Succession Rights
You should indicate that you are to be added to the lease since you have resided with your mother since the inception. I would simply add your name as tenant and have both you and your mother sign the renewal. If there is no objection by the landlord to this addition, you will have preserved your rights.
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