NYC succession rights let a family member keep a rent-stabilized apartment after the tenant on the lease dies or moves out for good. Under NYC succession rights, the key number is 2 years: you usually must have lived there with the tenant for at least 2 years, or 1 year if you are a senior or disabled.
What NYC Succession Rights Actually Says
NYC succession rights come from Rent Stabilization Code 2523.5. The rule is simple at its core. If the tenant of record permanently leaves or dies, a qualifying family member can ask to take over. The landlord must then offer that person a renewal lease. The lease stays rent-stabilized.
However, the rule has conditions. You must have lived in the apartment as your primary residence. You must have lived there together with the tenant. And the time must fall right before the tenant permanently left. For example, living there 2 years, moving away, and then moving back a month before the tenant died may not count.
The law also covers more than blood relatives. Under NYC succession rights, some people with close, long-term emotional and financial ties to the tenant may qualify too. Typically, you must show real proof of that shared life. The exact list of qualifying relatives and proof factors should be confirmed in the Code or with the state housing agency.
| Provision | Exact rule | Section |
|---|---|---|
| Standard residency period | At least 2 years living with the tenant as your primary residence | RSC 2523.5 |
| Senior or disabled residency period | At least 1 year living with the tenant as your primary residence | RSC 2523.5 |
| Timing of residency | Must be right before the tenant permanently vacates or dies | RSC 2523.5 |
| What you receive | A renewal lease in your own name, still rent-stabilized | RSC 2523.5 |
| Who counts as “senior” | Age cutoff must be confirmed with NYS Homes and Community Renewal | RSC 2523.5 |
Who NYC Succession Rights Covers (and Who It Does Not)
NYC succession rights cover rent-stabilized apartments in New York City. If your building is rent-stabilized, this rule likely applies to you. You can check your apartment’s status by asking NYS Homes and Community Renewal (HCR) for its rent history. That record shows whether the unit is registered as stabilized.
However, not everyone who lives in the apartment qualifies. Roommates who are not family usually do not qualify. Short-term guests do not qualify either. As a result, someone who stayed only a few months, or who kept a primary home somewhere else, may be turned down.
Rent-controlled apartments have their own succession rules under separate regulations. Free-market apartments generally have no NYC succession rights at all. In most cases, a free-market lease simply ends when it ends. If you are unsure which type you have, ask HCR before you respond to any landlord letter.
What Your Landlord Must Do Under This Law
When a qualifying family member asks to take over, the landlord must offer a renewal lease. That lease goes to the family member under the same stabilized terms. The landlord cannot simply raise the rent to market rate because the original tenant left. Under NYC succession rights, the apartment stays in the rent-stabilized system.
The landlord may ask for proof. Typically, that means documents showing you lived there as your primary home. For example, tax returns, bank statements, voter registration, a driver’s license, or mail addressed to the apartment. Keep copies of everything you send. Send it in a way you can prove, like certified mail.
A landlord also may not ignore a valid NYC succession rights claim. Refusing to accept rent or refusing to talk to you does not erase your rights. However, a landlord can dispute your claim. That dispute usually ends up in housing court or with HCR.
What You Can Do When It Is Broken
If your landlord refuses a renewal lease, you have options. First, write to the landlord. State that you are claiming NYC succession rights under Rent Stabilization Code 2523.5. List how long you lived there and your relationship to the tenant. Attach copies of your proof.
Second, you can file a complaint with NYS Homes and Community Renewal. HCR handles rent-stabilized apartment disputes, including lease renewal problems. Their website, NYS Homes and Community Renewal, explains how to file and how to request your rent history. Check there for current forms and contact details.
Third, if the landlord takes you to housing court, your NYC succession rights are a defense. You can raise them in your answer. This is the moment to get help. Contact a local legal-aid office or a tenant attorney right away. New York City also has a right-to-counsel program for many tenants facing eviction. Ask the court clerk or a legal-aid office if you qualify.
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Frequently Asked Questions
My parent died and I lived with them for 3 years. Do I qualify?
Many adult children in that situation can qualify under NYC succession rights. You usually need to show the apartment was your primary home for at least 2 years right before your parent died. Gather proof of your address now and check with a legal-aid office.
Does my name need to be on the lease?
No. NYC succession rights exist for family members who are not on the lease. What matters most is that you lived there with the tenant as your primary home for the required time. However, the landlord may ask for documents proving that.
Can the landlord raise my rent when I take over?
The apartment should stay rent-stabilized, so normal stabilized rules apply to any increase. The landlord cannot simply switch it to market rent because of the succession. Confirm any increase with HCR if something looks wrong.
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Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.