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NYS DHCR Fact Sheet #30

Citation
NYS DHCR Fact Sheet #30
Jurisdiction
New York (state)
Source verification
official_capture_completeness_unverified

Full Text

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A family member has the right to a renewal lease The following are to be considered in determining
or protection from eviction if he or she resided with whether emotional and financial commitment and
the tenant as a primary resident in the apartment interdependence between the tenant and such
for two (2) years immediately prior to the death other occupants existed:
of, or permanent departure from the apartment
by the tenant. The tenant shall be considered to a) longevity of the relationship;
have permanently vacated the apartment when
he/she has permanently ceased living there. b) sharing of or relying upon each other for
The continued payment of rent by the tenant or payment of household or family expenses, and/
the signing of renewal leases shall not preclude or other common necessities of life;
a claim by a family member to seek tenancy.
The family member may also have the right to a c) intermingling of finances as evidenced
renewal lease or protection from eviction if he/ by, among other things, joint ownership of
she resided with the tenant from the inception bank accounts, personal and real property,
of the tenancy or from the commencement of credit cards, and loan obligations, sharing a
the relationship. If the family member trying to household budget for purposes of receiving
establish succession rights is a senior citizen or government benefits, etc.;
disabled person, then the minimum period of co-
d) engaging in family-type activities by jointly
occupancy is reduced to one (1) year.
attending family functions, holidays and
celebrations, social and recreational activities,
Family Member - Definition
etc.;
“Family member” is defined as either a spouse,
e) formalizing of legal obligations, intentions,
son, daughter, stepson, stepdaughter, father, and