Tenant Tips: Succession Rights
Apartment Succession Rights for Non-Traditional Families
More than traditional families are entitled to succession.If you are a New York City tenant then you probably already know that your family members are permitted to have succession rights if you are living in a rent stabilized/controlled NYC apartment. But, did you know that "non-traditional family members" can also be entitled to succession rights?
What are succession rights? It is the right for a "family member", who has been living in the apartment, to take over the tenancy. That means that the right to be named as the primary leaseholder. Why is this important? It gives the "family member" the same rights as the original tenant including the rent stabilized or rent-controlled status and rent!
"Succession rights in rent-stabilized and rent-controlled apartments apply to family members who are living with the prime tenant (the tenant named on the lease, or the tenant of record in a rent-controlled apartment) prior to when the prime tenant moves or dies. The definition of *family member* also includes people in *nontraditional* family relationships, including unmarried couples and people in other*family-like* relationships." metcouncilonhousing.org/help_and_answers/succession_rights
The law allows for people residing with the tenant that can prove emotional and financial support of the primary tenant to be legal successors of the apartment. This is great for non-traditional families, unmarried couples, caregivers, and roommates. Make sure to look into your rights as a tenant!
Often landlords fight succession rights.With that said, often landlords fight against these rights and bring court cases to attempt to discourage and deny those rights. Don't get intimidated by this, if you meet the qualifications and have proof seek legal counsel, these rights are hard to come by and the benefits are worth fighting for.