George E. Pataki, Governor                     Joseph H. Holland, Commissioner

                     A publication of New York State
                Division of Housing and Community Renewal
                      Office of Rent Administration

                   Fact Sheet #30 - Succession Rights
                             [Revised 3/96]

     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 family member's right to a renewal lease or protection from eviction
is dependent upon such family member having 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
family members who are senior citizens or disabled persons - see definitions
below).  The family member may also have the right to a renewal lease or
protection from eviction 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, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-
in-law, mother-in-law, son-in-law or daughter-in-law of the tenant or
permanent tenant.

     The definition of "family member" also includes 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 means 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

     "Tenant" relates to any person or persons named on a lease or rental
agreement who is or are obligated to pay rent for the use of the housing

     "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.

Disabled Person

     "Disabled person" is defined as 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 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

     The minimum periods of required residency will not be considered
interrupted by any period during which the family member temporarily
relocates because he or she:

     (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 Family Members Residing With The Named Tenant
In The Apartment Who May Be Entitled To Succession Rights/Protection From
Eviction (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 the names of all such
persons at the time a renewal lease is offered.  For rent controlled apartments,
the owner may request this information at any time.

     The following information pertaining to such persons should accompany
the names:

     (1)  if the person is a family member as defined above;

     (2)  if the person may become entitled to be named as a tenant on a
          renewal lease or become entitled to protection from eviction upon
          the passage of the applicable minimum period of required

     (3)  the date of the commencement of such person's primary residence
          with the tenant; and

     (4)  if the person is a senior citizen or disabled person 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 or to protection from eviction, the affirmative
obligation to establish such right.

     For more information or assistance, call the DHCR Rent InfoLine,
(718) 739-6400, or visit your Borough or County Rent Office.

92-31 Union Hall Street
4th Floor
Jamaica, NY 11433
(718) 739-6400

250 Schermerhorn Street
3rd Floor
Brooklyn, NY 11201

Upper Manhattan
163 W. 125th Street
5th Floor
New York, NY 10027
North side of 110th St. and above

Nassau County
50 Clinton Street
6th Floor
Hempstead, NY 11550

Westchester County
55 Church Street
White Plains, NY 10601

Lower Manhattan
156 William Street
9th Floor
New York, NY 10038
South side of 110th St. and below

1 Fordham Plaza
2nd Floor
Bronx, NY 10458

Staten Island
60 Bay Street
7th Floor
Staten Island, NY 10301

Rockland County
94-96 North Main Street
Spring Valley, NY 10977

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