Succession rights allow certain family members of a rent-stabilized tenant to take over the tenancy — at the same regulated rent — when the primary tenant moves out or dies. This right can mean the difference between keeping a stabilized apartment at an affordable rent and losing it entirely. Understanding succession rights, and acting on them quickly, is essential.
What Are Succession Rights?
Under the Rent Stabilization Law and Code, a family member who has lived with the primary tenant in a rent-stabilized apartment for a required period of time has the right to succeed to the tenancy — to take over the lease in their own name at the same regulated rent — when the primary tenant permanently vacates or dies.
Succession rights exist to prevent displacement of people who have built their lives in an apartment simply because the named tenant can no longer live there.
Who Qualifies as a Family Member for Succession?
The Rent Stabilization Code defines two categories of family members:
Traditional Family Members (named in the law)
- Spouse or registered domestic partner
- Children (including stepchildren and adopted children)
- Parents (including stepparents)
- Siblings (including half-siblings)
- Grandparents and grandchildren
- In-laws (parent-in-law, sibling-in-law, child-in-law)
Non-Traditional Family Members
Any person who can demonstrate that they have had a family-like relationship with the primary tenant may also qualify. DHCR considers factors including:
- Longevity and exclusivity of the relationship
- Sharing of finances and household expenses
- Formalization of the relationship through legal documents (healthcare proxy, power of attorney, joint bank accounts)
- Level of commitment and emotional interdependence
- How the couple or household presents themselves to family, friends, and the community
This non-traditional category has been recognized by New York courts to include same-sex partners, chosen family, and close companions who functioned as family regardless of legal relationship.
The Co-Residency Requirement
To qualify for succession, the family member must have lived in the apartment as their primary residence for a specified period immediately before the primary tenant vacated:
- Traditional family members: At least two years of co-residency with the primary tenant (one year if the primary tenant has lived in the apartment for fewer than two years)
- Non-traditional family members: At least two years of co-residency
- Spouses and domestic partners: No minimum co-residency period — immediate succession right upon the primary tenant’s death or departure
How to Assert Your Succession Right
Step 1: Notify Your Landlord in Writing
As soon as the primary tenant vacates or dies, send your landlord a written notice asserting your succession right. Provide your name, the apartment address, and a statement that you are a qualified family member who has lived in the apartment as your primary residence for the required period.
Step 2: Provide Documentation
Be prepared to document your co-residency and family relationship. Useful documents include:
- Utility bills, bank statements, or correspondence addressed to you at the apartment going back at least two years
- Driver’s license or government ID showing the apartment address
- Tax returns or W-2s showing the apartment as your address
- Voter registration at the apartment address
- Medical records, insurance documents, or school records showing the address
- For non-traditional family: joint financial records, legal documents, witness statements about the relationship
Step 3: If Your Landlord Refuses to Recognize Your Succession Right
If your landlord refuses to issue a lease in your name or brings a holdover proceeding to evict you, you can assert your succession right as a defense in housing court. You can also file a complaint with DHCR. In either forum, your documentation of co-residency is your primary evidence.
Get a tenant attorney involved as early as possible — succession disputes can be complex, and the strength of your documentation significantly affects the outcome.
Succession Rights in NYCHA Public Housing
NYCHA has its own succession rules, similar in structure but with distinct procedures. Family members who have lived in a NYCHA apartment for at least one year (for non-traditional family, two years) and are listed on the household composition may be eligible to succeed to the tenancy. Act immediately when the primary tenant dies or moves — NYCHA has strict timelines and the process requires active follow-up with your development’s management office. Legal Aid Society’s NYCHA unit can assist at (212) 577-3300.
Free Help
- DHCR Tenant Hotline: (718) 739-6400
- Legal Aid Society: (212) 577-3300
- Legal Services NYC: lsnyc.org
- Met Council on Housing: (212) 979-0611
Frequently Asked Questions
My parent died and I’ve lived in the apartment for five years. Do I automatically get the lease?
You have a strong succession claim — five years of co-residency well exceeds the two-year requirement. Notify your landlord in writing immediately, asserting your succession right. Gather documentation of your co-residency. Your landlord must issue you a new lease in your own name if you qualify. If they refuse, file with DHCR and contact a tenant attorney.
I wasn’t on the lease. Does that disqualify me from succession?
No. Succession rights exist specifically for people who were not named on the lease. The key factors are the family relationship and the two-year co-residency, not whether your name appeared on the lease.
My partner and I weren’t legally married. Can I still succeed to the tenancy?
Yes, under the non-traditional family member category. You need to demonstrate a family-like relationship through shared finances, legal documents, and other evidence of commitment and mutual dependence. The two-year co-residency requirement applies. Consult a tenant attorney to build the strongest possible documentation package.
My landlord says the apartment will be deregulated if I take over. Is that true?
Almost certainly not under current law. The 2019 Housing Stability and Tenant Protection Act eliminated most deregulation pathways. A valid succession should result in a new stabilized lease in your name at the regulated rent. If your landlord is making this claim, contact DHCR and a tenant attorney immediately.
