1 800-518-0890 SUCCESSION RIGHTS
State regulations now allow persons sharing apartments as members
of non-traditional families to have the same rights as traditional family members to remain in rent controlled apartments and to obtain renewal leases for rent stabilized apartments after the tenant of record has died or permanently vacated.
These "succession rights" are afforded to any person who has been
living with the tenant as a primary resident and who is able to
show a relationship with the tenant involving emotional and
financial commitment and interdependence. To protect privacy,
evidence of a sexual relationship may not be considered.
Many factors may be considered, including: the length of the
relationship; the sharing of household expenses; intermingling of
finances; engaging in family-type activities; formalizing legal
obligations, such as wills naming each other as executor and/or
beneficiary or having mutual powers of attorney; acting publicly
as family members; and performing family functions such as caring
for each other or each other's family members.
In addition, both traditional and non-traditional "family
members" are required to have lived in the apartment with the
tenant a minimum of two years (one year if the "family member" is
disabled or sixty-two years old or older) or, if they have lived
together a shorter time, from the beginning of the tenancy or of
their relationship with the tenant.
Generally, a non-traditional family member will have the burden
of proving that he or she had the required degree of commitment
and interdependence with the tenant to qualify for succession
rights. However, the burden can be shifted to the landlord to
disprove such a relationship by taking a simple step. Obtain from
the DHCR a form entitled "Notice To Owner Of Persons Other Than
Tenant Residing In Apartment", complete it and send it to the
landlord.
Any tenant wanting to protect the succession rights of a
traditional or non-traditional family member should be sure to
notify the landlord on the DHCR form and be sure the family
member retains proof of such notification. (If you have more than
one roommate, be sure that you are not indicating a violation of
the Apartment Sharing rules explained in the previous section)
If possible, have the landlord acknowledge receipt
of the form and the date of receipt on a copy, or send it by
certified mail return receipt requested.