Key Takeaways
- If the rent-stabilized tenant you lived with in NYC dies or moves out, you may be able to succeed to the lease and become the new tenant of record.
- Succession rights keep your apartment rent-regulated, which prevents the rent from resetting to market rate.
- You must have lived in the apartment as your primary residence with the tenant of record for at least 2 years, or one year if you are 62 or older or legally disabled.
- If you are hospitalized, serving in the military, have a court-ordered relocation, or have other reasonable grounds for not living there, it does not count against the co-occupancy period.
- If your succession is approved, don't be surprised if you get a buyout offer from the landlord, as they often start thinking about the apartment's long-term value.
What are Succession Rights in NYC?
When a primary tenant (the tenant of record) passes away or moves out of a rent-stabilized apartment in New York City, a family member who has been living with the tenant for a specific minimum period may be able to inherit tenancy of the apartment. If succession rights apply, the new tenant takes over the apartment under the same rent-stabilized protections, rather than having the rent reset to market rate.
To claim succession rights, a family member must live with the tenant for at least 2 years before the tenant passes away or permanently moves out. If the remaining family member is elderly or disabled, the required time is reduced to one year.
Time spent living away from home for hospital stays, full-time study, court-ordered moves, military service, or other reasonable grounds does not break the required living-together period.
Eligibility Criteria for Succession Rights
NYC law recognizes two categories of people who may qualify for succession rights: traditional family members and non-traditional family members with a ‘family-like’ relationship with the primary tenant. To be eligible, you must be able to prove your relationship with the primary tenant, and you must have resided in the apartment with the primary tenant for at least two years prior to their death or departure, or one year if you are elderly or disabled.
The Role of Family Relationships
The family members who qualify for succession rights are:
- Spouse
- Child or stepchild
- Parent or step-parent
- Sibling
- Grandparent
- Grandchild
- Parent-in-law
- Child-in-law
- Adoptions (courts recognize all the above family relationships for people who were legally adopted)
People who fall into one of these traditional family categories generally qualify for succession rights, as long as they meet the required co-occupancy and primary-residence guidelines.
Non-Traditional Family Structures
If you are a non-traditional family member, you may qualify for succession rights if you lived with the tenant of record for at least two years and can show emotional and financial interdependence. Some examples of non-traditional family members include, but are not limited to:
- Aunts and uncles
- Cousins
- Nieces and nephews
- Unmarried couples
- Domestic partners
- LGBTQ couples
- Long-term household members who functioned as family, beyond just a roommate
When evaluating a non-traditional family relationship, decision-makers look at factors such as:
- Length of the relationship
- Sharing of or relying on each other for household expenses
- Intermingling of finances, such as sharing credit cards or bank accounts that are used by both, or joint loan obligations
- Engaging in family-type activities, like going to family functions or social gatherings together
- Formalizing legal obligations and responsibilities to each other, such as executing wills, powers of attorney, health proxies, domestic partner declarations, etc.
- Behaving like family members in public activities, through their words or actions
- Performing typical family functions, like caring for each other’s extended family members or going to each other’s doctors’ appointments
There is no single factor that decides the issue, but the more you show, the stronger your claim will be. In no event is evidence of a sexual relationship required or considered.
How Do You Claim Succession Rights?
The first step in claiming succession rights is to immediately notify your landlord by certified mail that the primary tenant has passed away or permanently moved. Tell them you are entitled to become the new tenant of record and ask for the renewal lease to be sent in your name at renewal time. In the case of death, include a copy of the death certificate. If the person has moved, include a signed letter from them confirming it. Don’t wait too long to assert your succession rights because it can weaken your claim, especially if the landlord argues that the apartment was abandoned or you didn’t provide all the required proof.
In most cases, the landlord will ask you to send documents to prove you lived with the former tenant during the minimum co-occupancy period and that you are an eligible family member. If all goes well, when the current lease is up for renewal, you’ll be the one signing the new lease!
To be sure you’ve got your back covered, change the utility bills to your name and keep clear records of rent payments made on your behalf. If, for whatever reason, the landlord refuses your rent payments, hold onto them, because at some point you’ll have to pay all the back rent.
Succession Rights Letter Sample
Send a letter by certified mail as soon as possible after the tenant of record passes away or permanently leaves, and keep a copy for your records:
Dear [Landlord’s Name],
I am writing to formally notify you that [Name of Tenant of Record], the tenant of record for the above-referenced apartment, [passed away / permanently vacated the apartment] on or about [date].
I have resided in this apartment as my primary residence with [Tenant of Record’s Name] for the required period under New York rent laws, and I am asserting my right to succeed to the tenancy as a lawful successor. I intend to continue occupying the apartment as my primary residence.
Please update your records to reflect my occupancy and succession claim. I respectfully request that future correspondence regarding this apartment be directed to me, and that any renewal lease be issued in my name when applicable.
I am prepared to provide documentation supporting my residency and eligibility upon request. Enclosed is [a copy of the death certificate / written confirmation of permanent relocation, if applicable].
Please confirm receipt of this letter in writing.
Sincerely,
[Your Name]
Required Documentation to Support Claims
The goal of your documentation is to show two things: that you qualify as an eligible family member, and that the apartment was your primary residence during the required period. To prove a traditional family relationship, submit birth certificates, marriage licences, and adoption papers if applicable. To prove a non-traditional family relationship, submit documents for shared bank accounts, shared credit card statements, wills naming each other, family pictures at birthdays, religious celebrations, or other family events, domestic partner declarations, etc.
To prove the apartment was your primary residence throughout the minimum co-occupancy period, you can submit certified tax returns, employment records, Board of Election records, insurance policies, school records, medical bills, credit card statements, and documents from any governmental agency. If you are disabled or are aged 62 or over, you only need to prove you lived there for one year. Still, you need to provide government-issued documentation indicating that you are disabled or verifying your age.
What Happens If My Claim Is Disputed?
If your landlord refuses to recognize your succession rights and tries to evict you by taking you to housing court, you can use your succession rights as a defense and submit evidence showing you qualify to take over the lease. It’ll then be up to the judge to decide whether you are entitled to succeed to the apartment.
If the landlord hasn’t started a court case yet, you can file a Request for Administrative Determination with the New York State Office of Homes and Community Renewal (HCR). This is a formal request asking the state housing agency to review your situation and decide whether you have succession rights under the rent laws. HCR will examine your evidence, notify the landlord, and issue a written decision that you can use in court if necessary.
Succession cases are often fact-specific and involve detailed proof of residency and family relationships. Because the evidence can be extensive and personal, a lot of people talk to a tenant attorney before making any succession claims.
Temporary Absences That Don’t Count Against You
If you’re worried that spending time away from the apartment during the required co-occupancy period means you’ll lose your succession rights, don’t be. In most cases, temporary absences are allowed, as long as the apartment remains your primary residence and you intend to return. Time away won’t count against you if it was due to one of the following:
- Active military service
- Full-time enrollment as a student
- A job that requires you to relocate temporarily
- Hospitalization or medical treatment
- A court order that doesn’t involve the lease
- Other reasonable circumstances, as long as you can prove that the apartment is still your main home.
Why Landlords Often Approach Successors With Buyouts
Don’t be surprised if, after you’re approved as the successor, your landlord makes a lease buyout offer. They understand the new successor locks in rent regulation and limits their options, so they’ll come at you quickly, and often with a lowball first offer. They think that since you’re new at this, you don’t know how much leverage you have over the situation.
NEVER ACCEPT THE FIRST OFFER. We can’t stress that enough. Once you succeed the tenancy, you hold exactly the same rights and protections as the previous tenant, including the right to refuse or negotiate a lease buyout.
Before agreeing to anything, speak tosomeone who understands the value of rent-regulated apartments who can help you assess the offer and make a counter offer from an informed position.
Take Control of Your Buyout After Succession With LBA
For New Yorkers who qualify, succession rights determine whether they can remain in a home they have lived in for years, often within a building, block, or neighborhood that is part of their daily life. Once succession is approved, that apartment carries real financial value, for both the tenant and the landlord.
Lease Buyout Advisors works with tenants for this very purpose. We are there to help you challenge lowball offers and get the most money possible. We test the limits, push back against the ways landlords try to pressure you, and keep going until the landlord relents and you get the highest possible buyout.
Start with an evaluation so you enter negotiations backed by leverage, not guesswork.
Disclaimer: This information does not constitute legal advice. Do not act on any information without first consulting professional legal counsel.
FAQs on Succession Rights in NYC
What if my landlord refuses to recognize my succession claim?
If a landlord disputes your claim, you need to prove both your relationship to the tenant of record and your continuous use of the apartment as your primary residence. Gather evidence, prepare for court, and avoid actions that weaken your position.
How does financial interdependence affect succession rights?
As a non-traditional family member, financial interdependence is one of the factors used to evaluate whether the relationship functioned as a family unit, sharing household expenses, joint bank accounts, property, or other financial responsibilities.
Can I lose my succession rights?
Yes, it’s possible to lose succession rights. If you move out of the apartment before the primary tenant passes away or permanently leaves, delay a succession claim for too long, or conceal that the tenant of record has vacated, it can cause problems if the landlord challenges your succession rights.
How can I prepare for a future succession claim?
To prepare for a future succession claim, get all your legal documents in order. Inform the landlord when you move into the apartment, and do not list any other address as your residence. Use the new address for mail, medical records, and taxes. Being listed as an occupant on renewal leases and documenting any rent contributions is also important.
