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 =============================================================== 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. =============================================================== 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. =============================================================== 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. =============================================================== 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 =============================================================== 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. =============================================================== 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. =============================================================== 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. =============================================================== 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. ===============================================================