Succession Rights for Rent-Stabilized Apartments in NYC

Rent-stabilized apartments carry a valuable, hard-to-replace protection: if the tenant of record moves out or dies, a qualifying family member who lived with them may have the legal right to take over the tenancy at the same regulated rent — instead of the landlord simply reclaiming the unit or offering it at a new rent. This is called a succession right, and it's frequently misunderstood or contested. This is educational information, not legal advice.

Where this right comes from

Succession rights for rent-stabilized units are set out in the Rent Stabilization Code (9 NYCRR § 2523.5), which is administered by NYS Homes and Community Renewal (HCR). This applies specifically to rent-stabilized apartments — it doesn't extend the same way to market-rate units, where a landlord generally isn't required to offer a new lease to anyone but the original tenant.

The two things you generally have to show

1. You're a qualifying family member. This includes a spouse, domestic partner, children, grandchildren, parents, grandparents, siblings, and in some cases others who can show they were treated and depended upon as family.
2. You co-resided with the tenant of record as your primary residence for the required period before they permanently left or passed away — generally two years, or one year if you're a senior citizen or a person with a disability. "Primary residence" is the key fight in many succession cases — a listed address elsewhere, tax filings, voter registration, and utility bills all become relevant evidence.

What happens if the landlord disputes it

Landlords sometimes dispute succession claims, especially where primary residency is unclear. If that happens, it's typically resolved through a proceeding before HCR/DHCR or in Housing Court, where you'll need to document your residency — leases, mail, tax returns showing the address, ID with the address, utility accounts in your name, and similar. Start gathering this evidence as early as possible, ideally well before you'd need to assert the right.

What succession doesn't do

It doesn't apply to market-rate apartments, and it doesn't automatically transfer to a roommate who isn't a qualifying family member (see our roommate rights guide for how the separate Roommate Law works). It also doesn't happen automatically just because you lived there — you generally need to affirmatively assert the right, particularly if the landlord doesn't recognize it on its own.

If you think you may qualify

• Start collecting proof of co-residency now — don't wait until there's a dispute.
• Notify the landlord in writing of your succession claim if the tenant of record has moved out or passed away.
• Get help from a tenant attorney or legal aid organization, especially if the landlord challenges your claim or tries to offer you a non-stabilized lease instead.

Official and support resources

• NYS Homes and Community Renewal (HCR)
• Housing Court Answers
• The Legal Aid Society