US-New YorkCan my roommate inherit my rent-stabilized lease if I leave?
Yes, your roommate may inherit your rent-stabilized lease if they meet strict legal requirements — including living with you for at least two years (or one year if elderly or disabled) and proving a 'family relationship' as defined by law.
What the Law Says
New York law allows certain occupants to succeed to a rent-stabilized lease after the named tenant vacates — but only if they satisfy narrow statutory conditions.
Under the Rent Stabilization Code, a roommate (or other occupant) may become the lawful tenant through 'succession rights' — but only if they are a 'family member' as legally defined and have lived with the tenant for the required time.
The law defines 'family member' broadly to include spouses, children, parents, siblings, grandparents, grandchildren, and also 'other individuals who reside with the tenant and can prove emotional and financial commitment and interdependence' — but courts have interpreted this narrowly.
Succession is not automatic: the successor must notify the landlord in writing within 30 days of the tenant’s permanent departure and provide proof of residency and relationship.
Statutory TextA family member shall be entitled to succeed to a rent-stabilized tenancy… provided that such family member has resided in the housing accommodation for a period of no less than two years immediately preceding the death or permanent departure of the tenant.
— 9 NYCRR § 2523.5(b)(1) — Succession Rights
Statutory TextFor purposes of this section, 'family member' means either (i) the tenant's spouse, child, parent, grandparent, grandchild, sibling, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law or sister-in-law; or (ii) other individuals who reside with the tenant and can demonstrate emotional and financial commitment and interdependence.
— 9 NYCRR § 2520.6(u) — Definition of Family Member
What Courts Have Said
New York courts have consistently held that succession rights are strictly construed and require clear, documented proof — especially for non-traditional family members.
Rejected succession claim by long-term roommate who failed to show shared finances or joint responsibilities — emotional ties alone were insufficient.
Upheld denial of succession where roommate could not prove continuous two-year residency due to gaps in utility records and lack of joint leases or mail.
What to Do
Confirm your roommate meets the residency requirement: 2 years (or 1 year if age 62+ or disabled).
Gather evidence: lease copies, utility bills, tax returns, affidavits, mail, and bank statements showing shared residence and interdependence.
Submit written notice of succession to your landlord within 30 days of your permanent departure — include all supporting documents.
If denied, request a hearing before the NYC Housing and Community Renewal (HCR); you may appeal within 30 days.
Consult a housing attorney — free legal help is available through Legal Aid or Housing Court Help Centers.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.