Succession rights let certain family members take over a rent-stabilized apartment when the original tenant permanently leaves or passes away. The rules are technical, so this is a starting point — not legal advice.
Educational information about New York City rent rules — not legal advice. Rules change and every situation is different. For your case, consider consulting a licensed attorney or DHCR.
Who may qualify
A family member (broadly defined, including certain non-traditional family) who has lived in the unit with the tenant as a primary residence for a required period may qualify.
Generally 2 years of co-residency (1 year for seniors and disabled family).
The unit must have been the family member's primary residence.
Notifying the landlord of co-residency in writing can help preserve rights.
How to document co-residency
Keep records that show the succession candidate lived in the unit: driver's license, tax returns, utility bills, voter registration, and other primary-residence indicators.
Frequently asked questions
Does a roommate qualify?
Generally no — succession applies to family members as defined by regulation, not to unrelated roommates.
What if the landlord challenges succession?
Courts handle disputes. Consider consulting a tenant attorney early because succession claims are document-heavy.
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State listings sourced from the federal Legal Services Corporation (LSC) grantee directory. Educational information, not legal advice or endorsement.