LEASE SUCCESSION RIGHTS
Family members living in an apartment not covered by rent control, rent stabilization, or other housing governed by a regulatory agreement generally have no right to succeed a tenant who dies or permanently vacates the premises.
The rights of a family member living in a rent controlled or rent stabilized apartment to succeed a tenant of record who dies or permanently vacates are covered by DHCR regulations.
Under these regulations, a “family member” is defined as husband, wife, 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 any other person residing with the tenant in the apartment as primary resident who can prove emotional and financial commitment and interdependence with the tenant.
Minimum Residency — A family member would succeed to the rights of the tenant of record upon the tenant’s permanent departure or death, provided the family member lived with such a primary resident either:
not less than two years (one year in the case of senior citizens and persons living with a disability persons), or
from the commencement of the tenancy or the relationship, if the tenancy or relationship was less than two years— or one year, in the case of senior citizens and tenants living with a disability.
The minimum residency requirements will not be considered interrupted by any period during which the “family member” temporarily relocates because he or she is engaged in active military service, is enrolled as a full-time student, is not living in the residence because of a court order, is temporarily relocated for employment, is hospitalized; or other reasonable grounds.
To ensure that the landlord is aware of all persons residing in the apartment who may be entitled to succession rights or protection from eviction, a tenant may wish to submit a notice listing all additional occupants to the landlord.
The landlord may request from the tenant, but not more than once in any twelve- month period, the names of all persons residing in the apartment.
Remaining family members living in government-financed housing (such as a public development, an apartment owned by the local municipality, or in an apartment where the prime tenant had Section 8 Rental Assistance) and where the named tenant of record has died or moved out, may also have the right to succeed to that tenant’s lease and/or rent subsidy.
Family members seeking succession rights in these circumstances must check the applicable federal and municipal regulations and the local public housing authority rules to determine if they meet the eligibility requirements.
Under federal regulations, persons alleging they are remaining family members of a tenant are entitled to a grievance hearing before eviction if they can make a plausible claim to such status.
