N.Y. Comp. Codes R. & Regs. tit. 9 § 1727-8.2

Current through Register Vol. 46, No. 17, April 24, 2024

Section 1727-8.2 - Vacating of apartment by tenant

(a) Unless otherwise prohibited by occupancy restrictions based upon income limitations pursuant to Federal or State law, regulations or other requirements of governmental agencies, if a tenant or cooperator has permanently vacated their dwelling unit, any family member, as defined in section 1700.2(a)(7) of this Title, who meets all of the following requirements shall be entitled to be named as a tenant on the lease and/or as a stockholder on the stock certificate of such unit. Such family members must have:

(1) immediately prior to the permanent vacating of the dwelling unit by the tenant, occupied the dwelling unit with the tenant as a primary residence, either:

(i) for a period of not less than two years, or, where a family member is a senior citizen or disabled person, for a period of not less than one year; or

(ii) if for less than such periods, then from the inception of the tenancy or commencement of the relationship; and

(2) established proof of such primary residency, which must include:

(i) the listing of such person on all annual income affidavits, certifications or recertifications required to be executed and filed during the applicable period; and

(ii) such other evidence as establishes that such person actually occupies the dwelling unit for his or her own dwelling purposes and has an ongoing, substantial, physical nexus to the unit, which evidence may include, without limitation, certified copies of tax returns, voting records, motor vehicle registration, driver's license, school registration, bank accounts, employment records, insurance policies, and/or other pertinent documentation or facts. In the event that a tenant notifies the housing company of a change in family composition pursuant to section 1727-3.5 of this Part herein, such notice of change shall be effective as a substitute for the annual income affidavit until the next annual income affidavit must be filed. Tenants, cooperators, and persons seeking succession may only have one primary residence and must occupy the dwelling unit subject to this Chapter as their primary residence.

(b) The minimum periods of required residency set forth in this subdivision shall not be deemed to be interrupted by any period during which the family member, who is listed on the tenant's income affidavit, temporarily relocates because he or she:

(1) is engaged in active military duty;

(2) is enrolled as a full-time student;

(3) is not in residence pursuant to a court order not involving any term or provision of the lease, and not involving any grounds specified in the Real Property Actions and Proceedings Law;

(4) is engaged in employment requiring temporary relocation;

(5) is hospitalized for medical treatment; or

(6) has such other reasonable grounds that shall be determined by the division upon application by such person.

(c) The housing company shall secure credible evidence of the tenant's removal from the dwelling unit and the surrender of the unit or the tenant's written declaration to vacate the unit prior to the consideration of reletting or succession to the dwelling unit.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1727-8.2