Housing & Rent · Surprise rank #111
Family Leaves a Rent-Regulated Apartment? Qualifying Household Members Can Take Over the Lease
New York rent-regulation succession rules can give qualifying family or family-like household members a rent-stabilized renewal lease or continued occupancy after the tenant of record dies or permanently leaves.
Who
Qualifying family members, including some people who can prove an emotional and financial commitment/interdependence with the tenant, who lived with the tenant as their primary residence.
Where: New York State rent-stabilized and rent-controlled housing
What to do
Start here: Preserve evidence of primary residence and household relationship and consider filing HCR Form RA-23.5 to document household members who may have succession rights.
Eligibility: HCR generally requires two years of primary-residence co-occupancy immediately before the tenant's death/permanent departure, or residency since the tenancy or relationship began. The minimum is one year for a senior citizen or disabled person.
What you get
Succession can preserve the regulated tenancy in the qualifying household member's name.
Benefit: The ability to remain in the rent-regulated apartment rather than losing the regulated tenancy.
Possible value: Potentially substantial long-term housing savings; there is no fixed cash award.
Good to know
Important: Succession is fact-specific. Occasional residence or merely being related is not enough, and family-like relationships may require proof of emotional and financial interdependence.
Availability: Active
Why people miss it: Families often wait until the tenant leaves or dies to think about succession, when years of residency documentation may determine the result.
Sources reviewed: Aug 10, 2026