A 8412: Relates to succession rights for tenants of New York city housing authority properties.

  
  STATE OF NEW YORK ________________________________________________________________________ 8412 2025-2026 Regular Sessions  IN ASSEMBLY May 14, 2025 ___________ Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to the Committee on Housing AN ACT to amend the public housing law, in relation to establishing succession rights for tenants of New York city housing authority prop- erties The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public housing law is amended by adding a new section 2 402-h to read as follows: 3 § 402-h. Succession rights. 1. The New York city housing authority 4 shall promulgate regulations, rules and policies which provide for the 5 rights of family members to succeed in certain cases to the rights of 6 tenants of properties owned or operated by the authority. Such regu- 7 lations, rules and policies shall contain provisions which include, but 8 shall not be limited to, the following: 9 (a) that unless otherwise prohibited by occupancy restrictions based 10 upon income limitations pursuant to federal, state or local law, regu- 11 lations or other requirements of governmental agencies, any member of 12 the tenant's family, as defined in subdivision two of this section, 13 shall succeed to the rights of a tenant under such acts and laws where 14 the tenant has permanently vacated the housing accommodation and such 15 family member has resided with the tenant in the housing accommodation 16 as a primary residence for a period of no less than one year, immediate- 17 ly prior to the permanent vacating of the housing accommodation by the 18 tenant, or from the inception of the tenancy or commencement of the 19 relationship, if for less than such periods. For the purposes of this 20 subdivision, "permanently vacated" shall mean the date when the tenant 21 of record permanently stops residing in the housing accommodation 22 regardless of subsequent contacts with the unit or the signing of lease 23 renewals or continuation of rent payments. The minimum periods of 24 required residency set forth in this paragraph shall not be deemed to be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13001-02-5 
 A. 8412 2 1 interrupted by any period during which the "family member" temporarily 2 relocates because the family member: 3 (i) is engaged in active military duty; 4 (ii) is enrolled as a full time student; 5 (iii) is not in residence at the housing accommodation pursuant to a 6 court order not involving any term or provision of the lease, and not 7 involving any grounds specified in the real property actions and 8 proceedings law; 9 (iv) is engaged in employment requiring temporary relocation from the 10 housing accommodation; 11 (v) is hospitalized for medical treatment; or 12 (vi) has such other reasonable grounds that shall be determined by the 13 commissioner upon application by such person; and 14 (b) that a tenant may in a form prescribed by the authority, at any 15 time, advise the landlord of, or a landlord may at any time but no more 16 often than once in any twelve months, request from the tenant, the names 17 of all persons other than the tenant who is residing in the housing 18 accommodation, and the following information pertaining to such persons: 19 (i) if the person is a "family member" as defined in subdivision two 20 of this section; 21 (ii) if the person is, or upon the passage of the applicable minimum 22 period of required residency, may become a person entitled to be named 23 as a tenant on a renewal lease or to protection from eviction pursuant 24 to paragraph (a) of this subdivision, and the date of the commencement 25 of such person's primary residence with the tenant; and 26 (iii) if the person is a "senior citizen" or a "disabled person" as 27 defined in subdivision two of this section. 28 Failure of the tenant to provide the information specified in this 29 paragraph to the landlord, regardless of whether the landlord requests 30 the information, shall place upon all such persons not so made known to 31 the landlord, who seek to exercise the right to be named as a tenant on 32 a renewal lease or the right to protection from eviction as provided for 33 in this subdivision, the affirmative obligation to establish such right. 34 2. For the purposes of this section, "family member" means a spouse, 35 child, stepchild, parent, stepparent, grandparent, sibling, grandchild 36 or in-law of the tenant; or any other person residing with the tenant in 37 the housing accommodation as a primary residence who can prove emotional 38 and financial commitment, and interdependence between such person and 39 the tenant. Although no single factor shall be solely determinative, 40 evidence which is to be considered in determining whether such emotional 41 and financial commitment and interdependence existed, may include, with- 42 out limitation, such factors as listed below. In no event would evidence 43 of a sexual relationship between such persons be required or considered. 44 (a) longevity of the relationship; 45 (b) sharing of or relying upon each other for payment of household or 46 family expenses, or other common necessities of life; 47 (c) intermingling of finances as evidenced by, among other things, 48 joint ownership of bank accounts, personal and real property, credit 49 cards, loan obligations, sharing a household budget for purposes of 50 receiving government benefits, or such other factors as may be deter- 51 mined by regulation; 52 (d) engaging in family-type activities by jointly attending family 53 functions, holidays and celebrations, social and recreational activ- 54 ities, or such other factors as may be determined by regulation; 55 (e) formalizing of legal obligations, intentions, and responsibilities 56 to each other by such means as executing wills naming each other as 
 A. 8412 3 1 executor or beneficiary, conferring upon each other a power of attorney 2 or authority to make health care decisions each for the other, entering 3 into a personal relationship contract, making a domestic partnership 4 declaration, or serving as a representative payee for purposes of public 5 benefits, or such other factors as may be determined by regulation; 6 (f) holding themselves out as family members to other family members, 7 friends, members of the community or religious institutions, or society 8 in general, through their words or actions; 9 (g) regularly performing family functions, such as caring for each 10 other or each other's extended family members, or relying upon each 11 other for daily family services; and/or 12 (h) engaging in any other pattern of behavior, agreement, or other 13 action which evidences the intention of creating a long-term, emotional- 14 ly-committed relationship. 15 § 2. This act shall take effect on the ninetieth day after it shall 16 have become a law.