If you are a rent-regulated tenant, you should notify your landlord of such “Family Members” residing in your rent-regulated apartment. Such “Family Members” may be entitled to succession of the rent-regulated apartment when the rent-regulated tenant permanently vacates. This generally occurs when the rent-regulated tenant passes away.

The rent-regulated tenant should provide the following information:

• (1) The name of any person(s) other than the named tenant(s) who are residing in the apartment;

• (2) Whether such person is a “Family Member,” of the tenant, and

• (3) If such person is or may become a “Family Member,” the date such person commenced primary residency with the tenant; and

• (3) Whether such person is a “senior citizen” or “disabled person.”  [3]

A tenant's failure to provide family information to the landlord, regardless of whether the landlord requests it, shall require all such persons, whose names are not submitted and who seek to exercise succession rights, an obligation to establish succession.

The Division of Housing and Community Renewal (“DHCR”) has provided a helpful sheet that a rent-regulated could use when informing their landlord of any “Family Members,” who may be entitled to Succession. [4]

The information above is intended to provide limited information only and is not legal advice. The laws relating to succession in New York are complex. If you are a party to a matter concerning succession, lease renewals, or eviction and otherwise need further guidance in this or a related area of law, SINGH & RANI, LLP can assist you.

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Bikram Singh

Mr. Singh has been practicing law in the New York State and Federal Courts for almost 10 years. He was a principal attorney at Bikram Singh Law, P.C., after graduating with honors from Touro College Jacob D. Fuchsberg Law Center in 2008.