Succession Rights For Family Members

Q.  Does the son of rent-stabilized tenants have the right to continue to live in the apartment and get a new lease in his own name after Mom and Dad have moved out?
A.  David A. Kaminsky, a Manhattan lawyer who specializes in landlord-tenant law, said that under the rent laws, a family member of a stabilized tenant has succession rights to the apartment, provided he has occupied it for two years before the stabilized tenants permanently vacate it. He noted that in the case of a succeeding tenant who is 62 or older, or disabled, the period of occupancy is reduced to one year. Mr. Kaminsky further noted that although a landlord is not required to change the names on the lease until the current lease expires – thereby leaving the parents liable for the payment of rent until that time – the landlord must put any renewal lease in the name of the family member.

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