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Succession Rights to Rent Control and Rent Stabilization Apartments and Co-Occupancy Requirements

If a family member, now defined as a husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, grandfather, grandmother, grandson, granddaughter, daughter-in-law, son-in-law, mother-in-law or father-in-law of the tenant, or any other person who resides with the tenant who can prove EMOTIONAL AND FINANCIAL COMMITMENT AND INTERDEPENDENCE between such person and the tenant co-resides with the tenant for the minimum statutory time, such individual has the right to succeed to the rights of the tenant when the tenant has permanently vacated the premises.

The apartment may be transferred from family member to family member as long as the minimum co-primary residence occupancy requirements are satisfied. Upon the first such transfer, the landlord is not entitled to any additional rents. Upon succeeding transfers, the landlord will be entitled to collect the allowance then in effect for vacancy leases.

The Co-occupancy requirement to succeed to a Rent Regulated Apartment is two years. However if the person who wishes to succeed to the tenancy is age 62 or over, or a disabled individual, then the period of co-occupancy is reduced to one (1) year. Additionally, there is no time limitation for succession rights for a qualified individual who resided in the subject apartment from the inception of the tenancy or from the inception of the relationship.

Issues concerning succession rights to Rent Control and Rent Stabilization apartments tend to be very complicated and time consuming. Parties should speak with an attorney before proceeding. We offer complimentary-no obligation consultations and you are welcome to schedule your consultation by calling us at 212-921-1600.

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