DHCR FACT SHEET #30
Division of Housing and Community Renewal
SUCCESSION RIGHTS
For rent stabilized and rent controlled apartments throughout New
York State, any "family member" of the tenant (see definition of
"family member" below) may have the right to a renewal lease
(rent stabilization )or protection from eviction (rent control)
when the tenant dies or permanently leaves the apartment.
The right to a renewal lease is granted if such family member
resided with the tenant as a primary resident in the apartment
for two (2) years immediately prior to the death of or permanent
leaving of, the apartment by, the tenant (1 year for senior
citizens or disabled persons - see definitions below). The family
member may also be granted the right to a renewal lease if he/she
resided with the tenant from the inception of the tenancy or from
the commencement of the relationship.
FAMILY MEMBER
"Family member" is defined as a husband, wife, son, daughter,
stepson, stepdaughter, father, mother, stepfather, stepmother
brother, sister, nephew niece, father-in-law, mother-in-law, son-
in-law or daughter-in-law of the tenant or permanent tenant.
"Tenant" relates to any person or persons named on a lease or
rental agreement who is obligated to pay rent for the use of the
housing accommodation.
"Permanent tenant" relates to individuals who have continuously
resided in housing accommodations located in hotels as a primary
residence for a period of at least six months, or a hotel tenant
in occupancy pursuant to or entitled to a lease.
The definition of family member has been further expanded to
include any other person(s) residing with the tenant or permanent
tenant in the housing accommodation as a primary resident, who
can prove emotional and financial commitment and interdependence
between such person(s) and the tenant.
The following are to be considered in determining whether
emotional and financial commitment and interdependence between
the tenant and such other occupants existed:
(a) longevity of the relationship;
(b) sharing of or relying upon each other for payment of
household or family expenses, and/or other common necessities
of life;
(c) intermingling of finances as evidenced by, among other
things, joint ownership of bank accounts, personal and real
property, credit cards and loan obligations, sharing a
household budget for purposes of receiving government
benefits, etc.;
(d) engaging in family-type activities by jointly attending
family functions, holidays and celebrations, social and
recreational activities, etc.;
(e) formalizing of legal obligations, intentions, and
responsibilities to each other by such as executing wills,
naming each other as executor and/or beneficiary, granting
each other a power of attorney and/or conferring upon each
other authority to make health care decisions each for the
other, entering into a personal relationship contract, making
a domestic partnership declaration, or serving as a
representative payee for purposes of public benefits, etc.;
(f) holding themselves out as family members to other family
members, friends, members of the community or religious
institutions, or society in general, through their works or
actions;
(g) regularly performing family functions, such as caring for
each other's extended family members and/or relying upon each
other for daily family services;
The determination is not limited to any one factor, and in no
event would evidence of a sexual relationship between such
persons be required or considered.
DISABLED PERSON
"Disabled person" is defined as a person who has an impairment
which results from anatomical, physiological or psycho logical
conditions, other than addiction to alcohol. gambling, or any
controlled substance, which are demonstrable by medically
acceptable clinical and laboratory diagnostic techniques, and
which substantially limit one or more of such person's major life
activities.
SENIOR CITIZEN
"Senior citizen" is defined as a person who is sixty-two years of
age or older.
The minimum periods of required residency will not be considered
interrupted by any period during which the "family member"
temporarily relocates because the tenant:
(i) is engaged in active military duty;
(ii) is enrolled as a full-time student;
(iii) is not in residence at the housing accommodation in
accordance with a court order not involving any term or
provision of the lease, and not involving any grounds
specified in the Real Property Actions and Proceedings
Law;
(iv) is engaged in employment requiring temporary relocation
from the housing accommodation;
(v) is hospitalized for medical treatment; or
(vi) has such other reasonable grounds that shall be determined
by DHCR upon application by the family member.
On the NOTICE TO OWNER OF PERSON OTHER THAN TENANT RESIDING IN
APARTMENT, [DHCR form RA 23.5], the tenant may, at any time,
inform the owner of the names of all persons (other than the
tenant) who are residing in the apartment. Or, the owner may
request from the tenant a list of the names of all such persons
at the time a renewal lease is offered.
The following information pertaining to such persons should
accompany the names:
(1) if the person is a family member as defined:
(2) it the person may become entitled to be named as a tenant
on a renewal lease upon the passage of the applicable
minimum period of required residency;
(3) the date of the commencement of such person's primary
residence with the tenant; and
(4) if the person is a senior citizen as defined.
Failure of the tenant to provide such information to the owner,
regardless of whether the owner requests the information, shall
place upon all such persons whose names were not submitted, and
who seek to exercise the right to be named as a tenant on a
renewal lease, the affirmative obligation to establish such
right.
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DHCR Fact Sheets (series of thirty) are issued by the New York
State Division of Housing and Community Renewal (DHCR) as plain-
english informational publications. For official agency
policies, see DHCR Policy Statements, Advisory Opinions and
Operational Bulletins. Also refer to the Rent Stabilization Code,
the Rent Stabilization Law and various Rent Control Statutes.
Electronic versions of these documents on TenantNet are for
informational purposes only and there is no guarantee they will
be accepted by any court (or even DHCR) as true copies of DHCR
policy. The reader may obtain true copies of these documents from
DHCR.
Every attempt has been made to conform to the original Fact
Sheets as issued by DHCR; TenantNet makes no
representation the enclosed material is current or will be
applied as written. The reader is advised that DHCR often fails
to properly apply, interpret or enforce housing laws. Since
housing laws are complex and often contradictory, it is
recommended the reader obtain competent legal advice from a
tenant attorney or counseling from a tenant association or
community group. (rev. 3/13/96) DHCR documents
are public documents; the electronic version of such documents
have been developed by TenantNet and any added value, enhancements
and/or proprietary features are copyright 1994, 1995 and 1996 by
TenantNet. These documents may be freely distributed provided they
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informational banner referencing TenantNet as the original provider.
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For more information or assistance, call the DHCR Rent Infoline
at (718) 739-6400, or visit your Borough Rent Office.
Queens Central Office
92-31 Union Hall St. 4th Fl.
Jamaica, NY 11433
(718) 739-6400
Bronx
One Fordham Plaza
Bronx, NY 10458
(718) 563-5678
Brooklyn
250 Schermerhorn St.
3rd Floor
Brooklyn, NY 11201
(718) 780-9246
Lower Manhattan
156 William Street
9th Floor
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below
Upper Manhattan
163 W. 125th St.
5th Floor
NY, NY 10027
(212) 961-8930
North side of 110th St. and above
Staten Island
350 St. Mark's Place
Room 105
Staten island, NY 10301
(718) 816-0277
Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
(516) 481-9494
Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
(914) 948-4434
Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
(914) 425-6575
Albany Regional Office
119 Washington Avenue
Albany, NY 12210
(518) 432-0596
Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203
(716) 856-1382
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