FS-30 (11/2023)A PUBLICATION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OFFICE OF RENT ADMINISTRATION
3 PAGES
# 30FACT SHEET
Succession Rights
For rent stabilized and rent controlled apartments
throughout New York State, a “family member” of
the tenant may have the right to a rent stabilized
renewal lease or protection from eviction in an
apartment under rent control when the tenant
dies or permanently leaves the apartment. For a
detailed explanation of “family member,” refer the
“Family Member-Definition” portion of this Fact
Sheet.
A family member has the right to a renewal lease
or protection from eviction if he or she resided with
the tenant as a primary resident in the apartment
for two (2) years immediately prior to the death
of, or permanent departure from the apartment
by the tenant. The tenant shall be considered to
have permanently vacated the apartment when
he/she has permanently ceased living there.
The continued payment of rent by the tenant or
the signing of renewal leases shall not preclude
a claim by a family member to seek tenancy.
The family member may also have the right to a
renewal lease or protection from eviction if he/
she resided with the tenant from the inception
of the tenancy or from the commencement of
the relationship. If the family member trying to
establish succession rights is a senior citizen or
disabled person, then the minimum period of co-
occupancy is reduced to one (1) year.
Family Member - Definition
“Family member” is defined as either a spouse,
son, daughter, stepson, stepdaughter, father,
mother, stepfather, stepmother, brother,
sister, grandfather, grandmother, grandson,
granddaughter, father-in-law, mother-in-law, son-in-
law or daughter-in-law of the tenant or permanent
tenant.
The definition of “family member” also includes
any other person(s) residing with the tenant or
permanent tenant in the housing accommodation
as a primary resident, who can prove emotional
and financial commitment and interdependence
between such person(s) and the tenant.
The following are to be considered in determining
whether emotional and financial commitment and
interdependence between the tenant and such
other occupants existed:
a) longevity of the relationship;
b) sharing of or relying upon each other for
payment of household or family expenses, and/
or other common necessities of life;
c) intermingling of finances as evidenced
by, among other things, joint ownership of
bank accounts, personal and real property,
credit cards, and loan obligations, sharing a
household budget for purposes of receiving
government benefits, etc.;
d) engaging in family-type activities by jointly
attending family functions, holidays and
celebrations, social and recreational activities,
etc.;
e) formalizing of legal obligations, intentions,
and responsibilities to each other by such
means as executing wills, naming each other
as executor and/or beneficiary, granting each
other a power of attorney and/or conferring
FS-30 (11/2023)A PUBLICATION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OFFICE OF RENT ADMINISTRATION
FACT SHEET #30: SUCCESSION RIGHTS
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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 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’s extended family
member and/or relying upon each other daily
for 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.
The determination is not limited to any one factor,
and in no event would evidence of a sexual
relationship between such persons be required or
considered.
“Tenant” relates to any person or persons named
on a lease or rental agreement who is or are
obligated to pay rent for the use of the housing
accommodation or is entitled to occupy the
housing accommodation.
“Permanent tenant” relates to individuals,
who have continuously resided in housing
accommodations located in hotels as a primary
residence for a period of at least six months, or a
hotel tenant in occupancy pursuant to or entitled
to a lease.
Disabled Person
“Disabled Person” is defined as a person who
has an impairment which results from anatomical,
physiological or psychological conditions, other
than addiction to alcohol, gambling, or any
controlled substance, which are demonstrable
by medically acceptable clinical and laboratory
diagnostic techniques, and which substantially limit
one or more of such person’s major life activities.
Senior Citizen
“Senior citizen” is defined as a person who is sixty-
two years of age or older.
Minimum Residency Requirements
The minimum periods of required residency will
not be considered interrupted by any period
during which the “family member” temporarily
relocates because he or she:
a) is engaged in active military duty;
b) is enrolled as a full-time student;
c) is not in residence at the housing
accommodation in accordance with a court
order not involving any term or provision of the
lease and not involving any grounds specified
in the Real Property Actions and Proceedings
Law;
d) is engaged in employment requiring
temporary relocation from the housing
accommodation;
e) is hospitalized for medical treatment; or
f) has such other reasonable grounds that shall
be determined by the DHCR upon application
by such person.
On the Notice To Owner Of Family Members
Residing With The Named Tenant In The
Apartment Who May Be Entitled To Succession
Rights/Protection From Eviction (DHCR Form RA-
23.5), the tenant may at any time, inform the owner
of the names of all persons (other than the tenant),
who are residing in the apartment. Or, the owner
may at any time, but no more than once in any
twelve months, request from the tenant the names
of all such persons.
FS-30 (11/2023)A PUBLICATION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OFFICE OF RENT ADMINISTRATION
FACT SHEET #30: SUCCESSION RIGHTS
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To visit a Borough Rent Oce, by appointment only, please contact:
QUEENS
92-31 Union Hall Street
6th Floor
Jamaica, NY 11433
718-482-4041
BROOKLYN
55 Hanson Place
6th Floor
Brooklyn, NY 11217
718-722-4778
UPPER MANHATTAN
163 W. 125th Street
5th Floor
New York, NY 10027
212-961-8930
LOWER MANHATTAN
25 Beaver Street
New York, NY 10004
212-480-6238
BRONX
1 Fordham Plaza
4th Floor
Bronx, NY 10458
718-430-0880
WESTCHESTER
75 South Broadway
3rd Floor
White Plains, NY 10601
914-948-4434
Rent Connect:
rent.hcr.ny.gov
Ask a question:
portal.hcr.ny.gov/app/
ask
For translation help:
hcr.ny.gov/language-
accessibility
Our website:
hcr.ny.gov/rent
The following information pertaining to such
persons should accompany the names;
a) if the person is a family member as defined
above;
b) if the person may become entitled to be
named as a tenant on a renewal lease or
become entitled to protection from eviction
upon the passage of the applicable minimum
period of required residency;
c) the date of the commencement of such
person’s primary residence with the tenant; and
d) if the person is a senior citizen or disabled
person as defined above.
SOURCES
New York City Rent Stabilization Code
Tenant Protection Regulations
New York City Rent and Eviction Regulations
New York State Rent and Eviction Regulations
