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, she or they 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, she or they 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
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Form #RA-23.5: Notice to Owner of Family Members Residing with the Named Tenant in the Apartment who may be Entitled to Succession Rights/Protection from Eviction
Tenants may use this form to notify owners of family members that reside in their apartment who may be entitled to succession rights or protection from eviction. Owners may use this form to request their tenants to provide the names of persons other than the tenant who are residing in the apartment, whether such person is a "family member," disabled, or a senior citizen, and if such persons are entitled to succession rights.
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Form #RA-90: Tenant’s Complaint of Owner’s Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease
Tenants must use this form to file a lease complaint when the owner fails to renew the lease or provide a copy of the signed lease. Tenants may also file a lease complaint online through Rent Connect.
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Form #RA-90 ETPA: Tenant’s Complaint of Owner’s Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed Lease
Tenants living in the City of Kingston, the City of Newburgh, or Westchester, Nassau, or Rockland county must use this form to file a lease complaint when the owner fails to renew the lease or provide a copy of the signed lease. Tenants may also file a lease complaint online through Rent Connect.
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