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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