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What
are the rules for succession rights?
In
general, it is possible for a person who is an occupant in an apartment leased
to a family member to become a tenant (succeed) after the primary tenant
leaves if the family member lived in the apartment for two years or more
prior to the tenant’s departure, or since the beginning of the tenancy,
or since the commencement of the relationship. If the person asserting succession
rights is disabled or over 62 years of age then the period of co-occupancy
is only one year.
The minimum periods of occupancy are not considered interrupted by military
duty, enrollment as a full time student, court ordered relocation (not involving
the lease or grounds for eviction), temporary relocation because of employment,
hospitalization or other reasonable grounds as determined by the Division of
Housing and Community Renewal on application.
It is also possible for a member of a "non-traditional" family to
gain control of the apartment if he/she can show "emotional and financial
commitment." Courts may consider the following:
- longevity
of the relationship,
- sharing of
household expenses,
- intermingling
of finances such as credit cards or bank accounts,
- engaging in
family type activities together,
- formalizing
legal obligations through such things as wills, powers of attorney, domestic
partnership declarations etc..,
- holding themselves
out as family members in public activities,
- regularly
performing family functions for each other.
For
more information on succession, see the relevant fact
sheet.
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Do
I have rights to my Mom's apartment when she moves?
In
general, if you are not disabled or over 62 years old, you would be protected
by succession if you lived with your mother continuously two years before
she left the apartment. If you are disabled or over 62, you would have to
live with your mother for at least one year prior to her move. For more information
on succession, see the relevant fact sheet.
If
you didn't live in the apartment for two years before your mother left, you
don't have the right to the apartment and the landlord need not accept you
as the primary tenant. S/he could move to evict you. However, if one of your
siblings was in residence, he/she might meet the succession criteria and
you would be able to live there as an immediate family member. Also, if you
lived in the apartment before and left only because were enrolled as a full-time
student, serving in the military, or because of a temporary work assignment,
or you were hospitalized, the period in which you were away might not count
as an absence.
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Can
my aunt "will" her rent controlled apartment to a family member?
A
rent controlled tenant cannot grant the right to live in the apartment through
a will. Nor can someone succeed a rent controlled apartment by paying the
rent with personal checks. There are specific rules about who may succeed
a rent controlled apartment.
In
general, for rent controlled apartments throughout New York State, any "family
member" of the tenant may have the right to protection from eviction
when the tenant dies or permanently leaves the apartment.
The
family member's right to protection from eviction is dependent upon such
family member having resided with the tenant as a primary resident in the
apartment for two years immediately prior to the death of, or permanent leaving
of, the apartment by the tenant (one year for family members who are senior
citizens or disabled persons).
The
family member may also have the right to protection from eviction if he/she
resided with the tenant from the inception of the tenancy or from the commencement
of the relationship.
If
all the requirements for succession are met, the new tenant's rent would
be the same as it was when your aunt was the primary tenant, until the next
increase, which can occur once a year in rent controlled apartments.
For
definitions of family members, disabled persons and more information, see
the DHCR fact sheet on succession rights.
Or,
you may wish to call the Division of Housing and Community Renewal (DHCR),
the state agency that administers the rent laws, at (718) 739-6400, or (212)
961-8930, for further information.
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How
do you actually claim succession rights?
Succession
Rights can only be claimed when the primary tenant dies or vacates the apartment.
At that time, the tenant claiming succession should send a letter by certified
mail to the landlord explaining that the primary tenant has vacated the apartment
and that he/she would like to sign the next renewal lease. If the primary
tenant has died the death certificate should also be included with the letter.
The landlord may ask that you forward copies of documents that prove you
meet the definition of family member and that the apartment has been your
primary residence for more than two years. When the current lease is up for
renewal that is when you would sign a new lease.
If
two family members would like to sign the renewal lease they can do so and
both will be exempt from paying the vacancy allowance provided they meet
the requirements for succession.
For
further information you should call the Division of Housing and Community
Renewal (DHCR) at (212) 961-8930 or (718) 739-6400.
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Disclaimer: By
providing answers to frequently asked questions the staff of the Rent
Guidelines Board attempts to clarify the often complex programs and
regulations governing landlord tenant relations in NYC. However the
information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board. Nor
should this information be used to substitute for advice of legal counsel.
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