§ 24-07 Application for Successor Tenancy.
RCNY § 24-07
(a)An occupant seeking to become a tenant must show that he or she is eligible to apply for tenancy pursuant to 28 RCNY § 24-04. Such application must be made on a form prescribed by HPD within 30 days after the permanent vacating of the apartment by the permanent tenant.
(b)An application for successor tenancy must be accompanied by the following documents, as applicable: 1. Proof of family relationship to tenant of record, such as (i) marriage certificate, (ii) domestic partnership certificate; or (iii) other proof of emotional and financial commitment, and interdependence as described in paragraph (2) of the definition of "family member" in 28 RCNY § 24-01, and an affidavit swearing to family relationship; 2. If occupant/applicant is claiming co-occupancy, proof of continual, permanent residence during such time period, including one or more of the following: (i) tax returns, (ii) employment records, (iii) government agency documents verifying home address; (iv) Board of Elections records; (v) driver's license issued by the Department of Motor Vehicles, identification card or automobile registration; (vi) insurance policies that indicate a home address; (vii) utility bills; (viii) credit card or banking statements; (ix) medical bills and statements; (x) school records; (xi) military service records; (xii) marriage and/or birth certificates; or (xiii) other government-issued photo identification card such as a New York city identification card; 3. If occupant/applicant is claiming co-occupancy for one year and senior citizen status, a birth certificate or other proof of age, in addition to the documents required in paragraph 2 of this section; 4. If occupant/applicant is claiming co-occupancy for one year and a disability, proof of disability from a government agency or medical documentation completed by a medical professional, in addition to the documents required in paragraph 2 of this section; 5. If occupant/applicant has been temporarily relocated, a copy of the relocation agreement; 6. If occupant/applicant has been temporarily relocated, proof of prior address; 7. If the apartment is a relocation apartment, documents proving acceptable temporary relocation during the required residency period pursuant to 28 RCNY § 24-06; 8. Documents proving the non-residency of the tenant of record, which may include: (i) death certificate; (ii) divorce or separation agreement and proof of residency at new address for tenant of record (e.g., utility bills); (iii) proof of residency at new address for tenant of record who has voluntarily vacated; (iv) letter certifying permanent occupancy of tenant of record in institutional facility; or (v) other relevant documentation of circumstances leading to non-residency of tenant of record; and 9. Any other documentation required or requested by HPD for the purpose of determining eligibility of the applicant for successor tenancy. (Amended City Record 11/17/2016, eff. 12/17/2016)
