In New York City apartments that are subject to rent-control or rent-stabilization laws, certain family members are allowed to take over the apartment after the tenant of record moves out or dies.
If the remaining family member has lived in the apartment continuously for two years prior to when the tenant of record moves out or dies, the family member is allowed to take over the existing lease for a rent-stabilized unit and then become the named tenant for the renewal lease, or, become the tenant of record if the apartment is rent-controlled. That time period is reduced to a period of one-year if the family member is elderly or disabled.
The definition of family member includes traditional family members such as a spouse, child, parent, or sibling, grandparent/grandchild, or in-law.
Heterosexual couples who are not married and gay and lesbian couples will also qualify for succession rights in New York City tenancies. However, a person involved in this type of relationship must show evidence of financial, social, and emotional interdependence.
New York City landlords will often refuse to accept succession claims and commence a legal action to gain possession of the apartment.
If you are a New York City tenant who is faced with a dispute concerning succession rights, please contact New York City tenant attorney Eric Dinnocenzo at (212) 933-1675 for a free consultation.