New York State
Division of Housing and Community Renewal
Office of Rent Administration
Gertz Plaza, 92-31 Union Hall St.
Jamaica, New York 11433
Public Information: (718)739-6400

Mario M. Cuomo, Governor
Donald M. Halperin, Commissioner
Joseph A. D'Agosta, Deputy Commissioner for Rent Administration


New York City Rent Stabilization Code
New York City Rent and Eviction Regulations


< OPERATIONAL BULLETIN 85-1 (EMERGENCY) (DECEMBER 10, 1985) >

SUCCESSION/RIGHT TO RENEW A LEASE IN A RENT STABILIZED HOUSING
ACCOMMODATION


INTRODUCTION

This Operational Bulletin has been prepared to establish the
conditions under which tenants of Rent Stabilized housing
accommodations are entitled to renew leases or rental agreements
for Rent Stabilized accommodations located inside New York City.

1)   An owner of a rent stabilized housing accommodation is
     required to offer a tenant and his or her immediate family
     the automatic right to renew his or her lease for one or two
     years. The owner may charge a Rent Guidelines Board Increase
     based on the length of the renewal lease term which the
     tenant selects, but the renewal lease must be on the same
     terms and conditions as the expiring lease, except for the
     special clauses which the Stabilization Law or Code permits
     the owner to add.

2)   An owner of a rent stabilized housing accommodation is
     required to offer a non-immediate family member as defined
     herein, who has continuously resided in the dwelling unit as
     a primary resident since the commencement of the tenancy, or
     the beginning of the relationship, the right to first
     refusal of a new lease. In the event the non-immediate
     family member accepts a lease, the owner may charge the
     maximum legal rent allowed.

3)   At the owner's option, a new lease may be offered at the
     maximum legal rent to an occupant of a rent stabilized
     housing accommodation other than the tenant, immediate
     family, or non-immediate family member as herein defined. in
     the event the tenant listed on the initial lease is no
     longer in occupancy.


DEFINITIONS

Tenant

For housing accommodations other than hotels, the named tenant on
the lease or rental agreement, or any member of the tenant's
immediate family who has continuously resided in the dwelling
unit as a primary resident since the commencement of the tenancy
or the beginning of the relationship as a member of the immediate
family.

Notwithstanding the foregoing, where the named tenant or member
of his or her immediate family is a senior citizen or disabled
person a tenant shall also include a member of the immediate
family as defined herein, provided that such family member has
maintained his or her primary residence at the dwelling unit for
the purpose of providing health care to such individual, for one
year prior to the date that such individual either dies or
permanently vacates such dwelling unit and has no legal right to
occupy another rent regulated dwelling unit in the State of New
York. A tenant shall also include a senior citizen or disabled
person who establishes residence with a member of his or her
immediate family, provided that such senior citizen or disabled
person has maintained his or her primary residence at the
dwelling unit of such family member, for the purpose of receiving
health care from such family member, for one year prior to the
date that such family member either dies or permanently vacates
such dwelling unit, and has no legal right to occupy another rent
regulated dwelling unit in the State of New York.

Renewal Lease

For housing accommodations other than hotels, upon the expiration
of a prior lease or rental agreement, the tenant shall have the
right of one or two years, except that where a mortgage or a
mortgage commitment existing as of April 1, 1984, prohibits the
granting of one year lease terms or the tenant is the recipient
of a Senior Citizen Rent Increase Exemption pursuant to Sections
YY51-4.1 and 4.1.1 of the Administrative Code of the City of New
York, the tenant may not select a one year lease.

Immediate Family

A husband, wife, son, daughter, stepson, stepdaughter, father,
mother.

Non-Immediate Family Member

A brother, sister, nephew, niece, uncle, aunt, grandfather,
grandmother, grandson, granddaughter, father-in-law. mother-in-
law. son-in-law, daughter-in-law.

Senior Citizen

A person who is sixty-two years of age or older.

Disabled Person

A person who has an impairment which results from anatomical,
physiological or psychological conditions, other than addiction
to alcohol, gambling, or any controlled substance, which are
demonstrable by medically acceptable clinical and laboratory
diagnostic techniques, and which are expected to be permanent.
William B. Eimicke
Commissioner

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DHCR Operational Bulletins are issued by the New York State
Division of Housing and Community Renewal (DHCR) and update
agency administration of the rent laws.

Electronic versions of the 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 is advised to obtain true copies of
these documents from DHCR. Also see DHCR Policy Statements,
DHCR Advisory Opinions, the Rent Stabilization Code, the Rent
Stabilization Law and various Rent Control Statutes.

Every attempt has been made to conform to the original Operational
Bulletins 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
remain intact as herein presented, including this and the top
informational banner referencing TenantNet as the original provider.
------------------------------------------------------------

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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