Legal Question in Landlord & Tenant Law in New York

Hi, it is hard for me to tell what you really mean in this question.

You were evicted but you still have relatives there that you stay with?

From what you are saying, unfortunately it does not sound like you have a right of succession.

In most cases, if your family is living in an apartment, you alone cannot be evicted.

But NYCHA and some other types of income-based housing may have a set of rules that mean they have a right to evict you (i.e. you were not claimed on the income paperwork or were considered a nuisance or something else that allows them to evict you). Not everyone who grew up in a NYCHA home has a right to succession.

If you were not in NYCHA housing, and the apartment is rent stabilized, then you likely have a right to succession once you have lived there with the named tenant for 2 years- but there are very specific requirements and even then, sometimes there may be another reason to evict you.

For a regular (non NYCHA) Rent Stabilized apartment, the person claiming the right to succession must have lived there for at least the 2 years immediately before the named tenant moves or passes away. You must be an immediate family member of the named tenant. Also, in most cases, your name must be on the lease or income affidavit.

There are a few exceptions, but everything must be very, very, very well documented and you still must fit within the statutory exceptions (proof of emotional, familial, and financial ties with the named tenant).