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Succession Rights

Succession rights allow qualifying family members of a rent-regulated tenant to take over the lease (and its regulated status) when the tenant of record dies or permanently vacates. Under DHCR regulations, the successor generally must have co-resided in the unit as a primary residence for at least two years immediately before the tenant's departure (one year for seniors and persons with disabilities), with family defined to include both enumerated relatives and non-traditional family relationships shown by the facts.

Where it applies
NYS / NYC
When it comes up
Tenancy transitions; renewals; estate events
Property types
Rent stabilized and rent controlled units

In practice

Succession claims turn on documentary co-residency evidence (tax filings, IDs, utility records). Operators should evaluate claims on the DHCR criteria, not on lease signatures - a valid successor is the tenant, whether or not the owner ever signed a lease with them.

Read more in the Knowledge Base

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