DHCR

THE NEW YORK STATE
DIVISION OF HOUSING AND COMMUNITY RENEWAL

RENT REGULATIONS
APPLICABLE TO SUCCESSION RIGHTS OF
FAMILY MEMBERS RESIDING WITH
RENT STABILIZED AND RENT CONTROLLED TENANTS


Including Emergency Regulations As Promulgated November 9, 1989
and -- Permanent Regulations As Promulgated April 4, 1990


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Tenant Protection Regulations

Subchapter A of Chapter VIII of Subtitle S of Title 9 NYCRR
Part 2500 of the Emergency Tenant Protection Regulations

Definitions - sections 2500.2(g),(h),(m),(n),(o), and (p)

(g)  Landlord. An owner, lessor, sublessor, assignee, proprietary
     lessee of a housing accommodation in a structure or premises
     owned by a cooperative corporation or association, or other
     person receiving or entitled to receive rent for the use or
     occupancy of any housing accommodation or an agent of any of
     the foregoing.

(h)  Tenant. A tenant, subtenant, lessee, sublessee, or other
     person entitled to the possession or to the use or occupancy
     of any housing accommodation.

(m)  Immediate family. Husband, wife, son, daughter, grandson,
     granddaughter, stepson, stepdaughter, father, mother, father-
     in-law, mother-in-law, grandfather, grandmother, stepfather
     or stepmother of the owner.

(n)  Family member.

     (1)  Husband, wife, son, daughter, grandson, granddaughter,
          stepson, stepdaughter, father, mother, father-in-law,
          mother-in-law, grandfather, grandmother, stepfather,
          stepmother, brother, sister, nephew, niece, uncle,
          aunt, son-in-law, or daughter-in-law of the tenant; or

     (2)  Any other person residing with the tenant in the
          housing accommodation as a primary residence, who can
          prove emotional and financial commitment, and
          interdependence between such person and the tenant.
          Although no single factor shall be solely
          determinative, evidence which is to be considered in
          determining whether such emotional and financial
          commitment and interdependence existed, may include,
          without limitation, such factors as listed below. In no
          event would evidence of a sexual relationship between
          such persons be required or considered.

          (i)    longevity of the relationship;

          (ii)   sharing of or relying upon each other for
                 payment of household or family expenses, and/or
                 other common necessities of life;

          (iii)  intermingling of finances as evidenced by,
                 among other things, joint ownership of bank
                 accounts, personal and real property, credit
                 cards, loan obligations, sharing a household
                 budget for purposes of receiving government
                 benefits, etc.;

          (vi)   engaging in family-type activities by jointly
                 attending family functions, holidays and
                 celebrations, social and recreational
                 activities. etc.;

          (v)    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.;

          (vi)   holding themselves out as family members to
                 other family members, friends, members of the
                 community or religious institutions, or society
                 in general, through their words or actions;

          (vii)  regularly performing family functions, such as
                 caring for each other or each other's extended
                 family members, and/or relying upon each other
                 for daily family services;

          (viii) engaging in any other pattern of behavior,
                 agreement, or other action which evidences the
                 intention of creating a long-term, emotionally
                 committed relationship.

(o)  Senior citizen. A person who is sixty-two years of age or
     older.

(p)  Disabled person. Except as provided pursuant to section
     2503.5 (d) (4) of this Title, 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 and which prevent such person from engaging in any
     substantial gainful employment.

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Part 2503 of the Emergency Tenant Protection Regulations

Renewal of Lease - section 2503.5 (d) and (e)

(d)       (1)  Unless otherwise prohibited by occupancy
          restrictions based upon income limitations pursuant to
          Federal, State or local law, regulations or other
          requirements of governmental agencies, if an offer is
          made to the tenant pursuant to the provisions of
          subdivision (a) of this section, and such tenant has
          permanently vacated the housing accommodation, any
          member of such tenant's family, as defined in section
          2500.2 (n) of this Title, who has resided with the
          tenant in the housing accommodation as a primary
          residence for a period of no less than two years, or
          where such person is a "senior citizen" or a "disabled
          person," as defined in paragraph (4) of this
          subdivision, for a period of no less than one year,
          immediately prior to the permanent vacating of the
          housing accommodation by the tenant, or from the
          inception of the tenancy or commencement of the
          relationship, if for less than such periods, shall be
          entitled to be named as a tenant on the renewal lease.

     (2)  The minimum periods of required residency set forth in
          this subdivision shall not be deemed to be 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 pursuant to 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 the division upon application by
                 such person.

     (3)  The 60-day period from the date of service of the
          notice for renewal of lease for acceptance and renewal
          provided to the tenant in subdivision (a) of this
          section, shall also apply to the tenant's "family
          member."

     (4)  For the purposes of this subdivision (d), 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 are
          expected to be permanent and which substantially limit
          one or more of such person's major life activities.

(e)  On a form prescribed or a facsimile of such form approved by
     the division, a tenant may, at any time, advise the owner
     of, or an owner may request from the tenant at the time a
     renewal lease is offered, pursuant to subdivision (a) of
     this section, the names of all persons other than the tenant
     who are residing in the housing accommodation, and the
     following information pertaining to such persons:

     (1)  if the person is a "family member" as defined in
          section 2500.2 (n) of this Title; and

     (2)  if the person is, or upon the passage of the applicable
          minimum period of required residency, may become a
          person entitled to be named as a tenant on a renewal
          lease pursuant to subdivision (d)(1) of this section,
          and the date of the commencement of such person's
          primary residence with the tenant; and

     (3)  if the person is a "senior citizen", or a "disabled
          person" as defined in subdivision (o) of section 2500.2
          of this Title and subdivision (d)(4) of this section.

     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 not so made
     known to the owner, who seek to exercise the right to be
     named as a tenant on a renewal lease as provided for in
     subdivision (d) of this section, the affirmative obligation
     to establish such right.


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Rent Stabilization Code

Subchapter B. of Chapter VIII of Subtitle S of Title 9 NYCRR
Part 2520 of the Rent Stabilization Code

Definitions - sections 2520.6(d),(i),(j),(n),(o),(p) and (q)


(d)  Tenant. Any person or persons named on a lease as lessee or
     lessees, or who is or are a party or parties to a rental
     agreement and obligated to pay rent for the use or occupancy
     of a housing accommodation.

(i)  Owner. A fee owner, lessor, sublessor, assignee, net lessee,
     or a proprietary lessee of a housing accommodation in a
     structure or premises owned by a cooperative corporation or
     association, or an owner of a condominium unit or the
     sponsor of such cooperative corporation or association or
     condominium development, or any other person or entity
     receiving or entitled to receive rent for the use or
     occupancy of any housing accommodation, or an agent of any
     of the foregoing, but such agent shall only commence a
     proceeding pursuant to section 2524.5 of this Title
     (Evictions Requiring DHCR Approval), in the name of such
     foregoing principals.

(j)  Permanent Tenant. For housing accommodations located in
     hotels, an individual or such individual's family members
     residing with such individual, who have continuously resided
     in the same building as a principal residence for a period
     of at least six months. In addition, a hotel occupant who
     requests a lease of six months or more pursuant to section
     2522.5(a)(2) of this Title (Vacancy Lease or Rental), or who
     is in occupancy pursuant to a lease of six months or more
     shall be a permanent tenant even if actual occupancy is less
     than six months. Unless otherwise specified, reference in
     this Code to "tenant" shall include "permanent" tenant with
     respect to hotels.

(n)  Immediate Family. A husband, wife, son, daughter, stepson,
     stepdaughter, father, mother, stepfather, stepmother,
     brother, sister, grandfather, grandmother, grandson or
     granddaughter of the owner.

(o)  Family Member.

     (1)  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; or

     (2)  Any other person residing with the tenant or permanent
          tenant in the housing accommodation as a primary or
          principal residence, respectively, who can prove
          emotional and financial commitment, and interdependence
          between such person and the tenant or permanent tenant.

          Although no single factor shall be solely
          determinative, evidence which is to be considered in
          determining whether such emotional and financial
          commitment and interdependence existed, may include,
          without limitation, such factors as listed below. In no
          event would evidence of a sexual relationship between
          such persons be required or considered.

          (i)    longevity of the relationship;

          (ii)   sharing of or relying upon each other for
                 payment of household or family expenses, and/or
                 other common necessities of life

          (iii)  intermingling of finances as evidenced by,
                 among other things, joint ownership of bank
                 accounts, personal and real property, credit
                 cards, loan obligations, sharing a household
                 budget for purposes of receiving government
                 benefits, etc.;

          (iv)   engaging in family-type activities by jointly
                 attending family functions, holidays and
                 celebrations, social and recreational
                 activities, etc.;

          (v)    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.;

          (vi)   holding themselves out as family members to
                 other family members, friends, members of the
                 community or religious institutions, or society
                 in general, through their words or actions;

          (vii)  regularly performing family functions, such as
                 caring for each other or each other's extended
                 family members, and/or relying upon each other
                 for daily family services;

          (viii) engaging in any other pattern of behavior,
                 agreement, or other action which evidences the
                 intention of creating a long-term, emotionally
                 committed relationship.

(p)  Senior Citizen. A person who is sixty-two years of age or
     older.

(q)  Disabled Person. Except as provided pursuant to section
     2523.5(b)(4) of this Title (Renewal of Lease), 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 and which prevent such person from engaging in
     any substantial gainful employment.

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Part 2523 of the Rent Stabilization Code

Notice for renewal of lease and renewal procedure - sections
2523.5(b), (e) and (f)

(b)       (1)  Unless otherwise prohibited by occupancy
          restrictions based upon income limitations pursuant to
          federal, state or local law, regulations or other
          requirements of governmental agencies, if an offer is
          made to the tenant pursuant to the provisions of
          subdivision (a) of this section and such tenant has
          permanently vacated the housing accommodation, any
          member of such tenant's family, as defined in section
          2520.6(o) of this Title, who has resided with the
          tenant in the housing accommodation as a primary
          residence for a period of no less than two years, or
          where such person is a "senior citizen," or a "disabled
          person" as defined in paragraph (4) of this
          subdivision, for a period of no less than one year,
          immediately prior to the permanent vacating of the
          housing accommodation by the tenant, or from the
          inception of the tenancy or commencement of the
          relationship, if for less than such periods, shall be
          entitled to be named as a tenant on the renewal lease.

     (2)  The minimum periods of required residency set forth in
          this subdivision shall not be deemed to be 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 pursuant to 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 the DHCR upon application by such
                 person.

     (3)  The 60-day period from the date of service of the
          notice for renewal of lease for acceptance and renewal
          provided to the tenant in subdivision (a) of this
          section, shall also apply to the tenant's "family
          member."

     (4)  For the purposes of this subdivision (b), 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 are
          expected to be permanent and which substantially limit
          one or more of such person's major life activities.

(e)  On a form prescribed or a facsimile of such form approved by
     the DHCR, a tenant may, at any time, advise the owner, or an
     owner may request from the tenant at the time a renewal
     lease is offered pursuant to subdivision (a) of this
     section, the names of all persons other than the tenant who
     are residing in the housing accommodation, and the following
     information pertaining to such persons:

     (1)  if the person is a "family member" as defined in
          subdivision (o) of section 2520.6 of this Title and

     (2)  if the person is, or upon the passage of the applicable
          minimum period of required residency, may become a
          person entitled to be named as a tenant on a renewal
          lease pursuant to subdivision (b) (1) of this section,
          and the date of the commencement of such person's
          primary residence with the tenant; and

     (3)  if the person is a "senior citizen" or a "disabled
          person" as defined in section 2520.6(p) of this Title,
          and subdivision (b)(4) of this section.

     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 not so made
     known to the owner, who seek to exercise the right to be
     named as a tenant on a renewal lease as provided for in
     subdivision (b) of this section, the affirmative obligation
     to establish such right.

(f)  For any family member who is made known to the owner
     pursuant to subdivision (e) of this section, the DHCR may,
     upon application by such family member, who is not entitled
     to a renewal lease as provided for in subdivision (b) of
     this section, determine with due consideration of equities
     as set forth in section 2522.7 of this Title (Consideration
     of Equities), that there are other reasonable grounds
     pursuant to which such family member shall he entitled to a
     renewal lease


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Rent and Eviction Regulations

Subchapter B. of Chapter VII of Subtitle S of Title 9 NYCRR
Part 2100 of the Rent and Eviction Regulations

Definitions - sections 2100.2(f) and (g)

(f)  Landlord. An owner, lessor, sublessor, assignee, proprietary
     lessee of a housing accommodation in a structure or premises
     owned by a co-operative corporation or association, or other
     person receiving or entitled to receive rent for the use or
     occupancy of any housing accommodation or an agent of any of
     the foregoing.

(g)  Tenant. A tenant, subtenant, lessee, sublessee, or other
     person entitled to the possession or to the use or occupancy
     of any housing accommodation.

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Part 2104 of the Rent and Eviction Regulations

Tenant not using premises for own dwelling - section 2104.6(d)

(d)       (1)  Unless otherwise prohibited by occupancy
          restrictions based upon income limitations pursuant to
          Federal, State or local law, regulations or other
          requirements of governmental agencies, notwithstanding
          the provisions of subdivision (a) of this section, the
          commission shall not issue an order granting a
          certificate of eviction, and any member of the tenant's
          family, as defined in paragraph (3) of this
          subdivision, shall not be evicted under this section
          where the tenant has permanently vacated the housing
          accommodation and such family member has resided with
          the tenant in the housing accommodation as a primary
          residence for a period of no less than two years, or
          where such person is a "senior citizen" or a "disabled
          person," as defined in paragraph (3) of this
          subdivision, for a period of no less than one year,
          immediately prior to the permanent vacating of the
          housing accommodation by the tenant, or from the
          inception of the tenancy or commencement of the
          relationship, if for less than such periods. The
          minimum periods of required residency set forth in this
          subdivision shall not be deemed to be 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 pursuant to 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 the commission upon application
                 by such person.

     (2)  On a form prescribed or a facsimile of such form
          approved by the commission, a tenant may, at any time,
          advise the landlord of, or a landlord may at any time,
          request from the tenant, the names of all persons other
          than the tenant who are residing in the housing
          accommodation, and the following information pertaining
          to such persons:

          (i)    if the person is a "family member" as defined
                 in paragraph (3) of this subdivision; and

          (ii)   if the person is, or upon the passage of the
                 applicable minimum period of required
                 residency, may become a person entitled to
                 protection from eviction pursuant to paragraph
                 (1) of this subdivision, and the date of the
                 commencement of such person's primary residence
                 with the tenant; and

          (iii)  if the person is a "senior citizen" or a
                 "disabled person" as defined in paragraph (3)
                 of this subdivision.

          Failure of the tenant to provide such information to
          the landlord, regardless of whether the landlord
          requests the information, shall place upon all such
          persons not so made known to the landlord, who seek to
          exercise the right to protection from eviction as
          provided for in this subdivision, the affirmative
          obligation to establish such right.

     (3)  For the purposes of this subdivision:

          (i)    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 any other person residing with the tenant in
                 the housing accommodation as a primary
                 residence who can prove emotional and financial
                 commitment, and interdependence between such
                 person and the tenant. Although no single
                 factor shall be solely determinative, evidence
                 which is to be considered in determining
                 whether such emotional and financial commitment
                 and interdependence existed, may include,
                 without limitation, such factors as listed
                 below. In no event would evidence of a sexual
                 relationship between such persons be required
                 or considered.

                 (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, 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, conferring upon each other a
                      power of attorney and/or 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 words or actions;

                 (g)  regularly performing family functions,
                      such as caring for each other or each
                      other's extended family members, and/or
                      relying upon each other for daily family
                      services;

                 (h)  engaging in any other pattern. of
                      behavior, agreement, or other action which
                      evidences the intention of creating a long-
                      term, emotionally committed relationship;

          (ii)   a senior citizen is defined as a person who is
                 sixty-two years of age or older;

          (iii)  a 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 are expected to be permanent and
                 which substantially limit one or more of such
                 person's major life activities.


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Rent and Eviction Regulations - New York City

Subchapter D of Chapter VII of Subtitle S of Title 9 NYCRR
Part 2200 of the New York City Rent and Eviction Regulations

Definitions - sections 2200.2(h) and (o)

(h)  Landlord. An owner, lessor, sublessor, assignee or other
     person receiving or entitled to receive rent for the use and
     occupancy of any housing accommodation, or an agent of any
     of the foregoing.

(o)  Tenant. A tenant, subtenant, lessee, sublessee or other
     person entitled to the possession or to the use or occupancy
     of any housing accommodation.


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Part 2204 of the New York City Rent and Eviction Regulations

Tenant not using premises for own dwelling - section 2204.6(d)


(d)       (1)  Unless otherwise prohibited by occupancy
          restrictions based upon income limitations pursuant to
          Federal, State or local law, regulations or other
          requirements of governmental agencies, notwithstanding
          the provisions of subdivision (a) of this section, the
          city rent agency shall not issue an order granting a
          certificate of eviction, and any member of the tenant's
          family, as defined in paragraph (3) of this
          subdivision, shall not be evicted under this section
          where the tenant has permanently vacated the housing
          accommodation and such family member has resided with
          the tenant in the housing accommodation as a primary
          residence for a period of no less than two years, or
          where such person is a "senior citizen" or a "disabled
          person," as defined in paragraph (3) of this
          subdivision, for a period of no less than one year,
          immediately prior to the permanent vacating of the
          housing accommodation by the tenant, or from the
          inception of the tenancy or commencement of the
          relationship, if for less than such periods. The
          minimum periods of required residency set forth in this
          subdivision shall not be deemed to be 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 pursuant to 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 the city rent agency upon
                 application by such person.

     (2)  On a form prescribed or a facsimile of such form
          approved by the city rent agency, a tenant may, at any
          time, advise the landlord of, or a landlord may at any
          time, request from the tenant, the names of all persons
          other than the tenant who are residing in the housing
          accommodation, and the following information pertaining
          to such persons:

          (i)    if the person is a "family member" as defined
                 in paragraph (3) of this subdivision; and

          (ii)   if the person is, or upon the passage of the
                 applicable minimum period of required
                 residency, may become a person entitled to
                 protection from eviction pursuant to paragraph
                 (1) of this subdivision, and the date of the
                 commencement of such person's primary residence
                 with the tenant; and

          (iii)  if the person is a "senior citizen" or a
                 "disabled person" as defined in paragraph (3)
                 of this subdivision.

          Failure of the tenant to provide such information to
          the landlord, regardless of whether the landlord
          requests the information, shall place upon all such
          persons not so made known to the landlord, who seek to
          exercise the right to protection from eviction as
          provided for in this subdivision, the affirmative
          obligation to establish such right.

     (3)  For the purposes of this subdivision:

          (i)    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 any other person residing with the tenant in
                 the housing accommodation as a primary
                 residence who can prove emotional and financial
                 commitment, and interdependence between such
                 person and the tenant. Although no single
                 factor shall be solely determinative, evidence
                 which is to be considered in determining
                 whether such emotional and financial commitment
                 and interdependence existed, may include,
                 without limitation, such factors as listed
                 below. In no event would evidence of a sexual
                 relationship between such persons be required
                 or considered.

                 (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, 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, conferring upon each other a
                      power of attorney and/or 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 words or actions;

                 (g)  regularly performing family functions,
                      such as caring for each other or each
                      other's extended family members, and/or
                      relying upon each other for daily family
                      services;

                 (h)  engaging in any other pattern of behavior,
                      agreement, or other action which evidences
                      the intention of creating a long-term,
                      emotionally committed relationship;

          (ii)   a senior citizen is defined as a person who is
                 sixty-two years of age or older;

          (iii)  a 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 are expected to be permanent and
                 which substantially limit one or more of such
                 person's major life activities.

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