Succession

Succession

Succession
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Overview

When a tenant of record dies or permanently leaves a rent regulated apartment in New York State, a “family member” who lives with the tenant may have the right to succession. Succession rights grant a “family member” the right to a rent stabilized lease in their name or the right to continuous occupancy of a rent controlled apartment.

 

For a detailed explanation of succession rights and an explanation of “family member,” see the Fact Sheet section. For the lease complaint form and the notice to inform owners of family members who may be eligible for succession rights, see the Forms section.

Your Rights

A family member has the right to a rent stabilized renewal lease in their name, or protection from eviction in an apartment under rent control, if he or she resided in the apartment as a primary resident with the tenant for two years immediately before the death or permanent departure of the tenant.

 

A family member may also have the right to a rent stabilized renewal lease or protection from eviction in an apartment under rent control, if he or she resided with the tenant from the start of the tenancy or from the beginning of the relationship. If the family member is a senior citizen or a disabled person, the minimum period of co-occupancy is reduced to one year.

 

For more information on when a tenant may notify an owner of family members who may be entitled to succession rights or when an owner may request the names of such persons from the tenant, see form RA-23.5.

 

For more information on succession rights, see Fact Sheet #30.

Fact Sheets

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    Fact Sheet #30: Succession Rights

    This Fact Sheet contains information on the definitions of a family member, disabled person, and senior citizen for succession purposes, and the minimum residency requirements that must be met to be eligible for succession rights.

     

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Forms