Succession Rights of Aunts, Uncles, Nephews and Neices

The Rent Stabilization Law doesn't just protect the tenant on the lease. Rent Stabilization and Rent Control are designed to protect the family of the tenant. That is why, provided the criteria are met, family members get the apartment lease in their name when a tenant moves or dies.

But who is part of your family? Since the answer determines the ownership of rent stabilized apartments, that question is debated in courts and committee rooms constantly.

The definition of family members expanded in the 80's and then shrunk in the 90's. In Braschi v. Stahl, 74 NY2d 201, 544 NYS2d 784 (1989), the courts recognized the nontraditional family member. Thus, a gay partner of the tenant, or someone sharing an emotional and financial commitment and interdependence with the tenant could succeed to the apartment.

Then came the Rent Regulation and Reform Act of 1997. Here the legislature nixed nephews, nieces, aunts and uncles from the definition of family. Thus, Uncle Ernie has no reason to stick around, because he isn't getting the apartment. Now, "family member" according to the regs means

• husband
• wife
• son
• daughter
• stepson
• stepdaughter
• father
• mother
• stepfather
• stepmother
• brother
• sister
• grandfather
• grandmother
• grandson
• granddaughter
• father-in-law
• mother-in-law
• son-in-law or
• daughter-in-law.

[Rent Stabilization Code § 2520.6(o)(1)]

Are Nephews Out of Luck?

Many tenants come to my office and say for example, "The landlord says I have no rights to my aunt's apartment. He says that nephews no longer have succession rights."

The landlord is right: the nephew has no succession rights as a nephew. Very rarely is the game over at that point.

If the tenant's nephew was living with her at her apartment for two years or more, and they were sharing meals, banking together, and going to family outings, the nephew may be able to qualify as a nontraditional family member. The law doesn't recognize him as a family member, so he may qualify as if he is a family member.

Essentially you have to be a good nephew, because the Rent Stabilization Code did not bar nephews and neices from getting succession rights, but made them meet a higher legal standard. You would have to apply the Braschi case and prove that you had an emotional and financial interdependence with the tenant. For more information on the criteria under Braschi, see Succession Rights to Rent Stabilized Apartments.