Ask Altagracia: My mom is moving out of our rent-stabilized apartment. How do I take over the lease?

My mother is moving out of our rent-stabilized apartment and I want to stay. How can I take over the lease?

If there is still some time before your mother leaves, you can ask the landlord to add you to the renewal lease. “If the landlord is happy to do this then it moots the problem entirely but if they refuse, it suggests you will have a fight on your hands,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners, and landlords.

If the landlord refuses to add you to the rent-stabilized renewal lease, you can file a complaint with the Division of Housing and Community Renewal (DHCR). If the landlord wants you out, it is highly likely there will be a legal case filed in housing court. This will either be an eviction proceeding against you, if your mother has already moved out, or a non-primary residence claim terminating your mother’s lease…

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