To permanently live with someone in a NYCHA apartment, you must be considered ‘family.’ NYCHA defines family as individuals related by: – Blood – Marriage or domestic partnership – Adoption or guardianship – Interdependent relationships, such as long-term partners.

Starting January 2024, NYCHA expanded its definition of family to include extended relatives like cousins, aunts, and partners. These individuals can now be added to the household composition and could be eligible to succeed (take over the lease) to the apartment in the future.

Your lease includes a Household Composition section listing all authorized residents. The Head or Co-Heads of Household are the leaseholders, also known as Tenants of Record, and are the only ones who can make changes to the composition like requesting to add or remove household members.

There are two types of household members:

• Authorized Permanent Household Members: Must be family of the Head of Household. Their income is counted in rent calculations, and they may be eligible to take over the lease.
• Authorized Temporary or Conditional Household Members: Can be non-family members added for a limited time. Their income is not counted unless they are live-in guardians. They are not eligible to take over the lease. To ensure a family member can take over the lease, the Head of Household must successfully add them as an Authorized Permanent Household Member. They must meet NYCHA’s criteria, including income eligibility and a criminal background check.

To ensure a family member can take over the lease, the Head of Household must successfully add them as an Authorized Permanent Household Member. They must meet NYCHA’s criteria, including income eligibility and a criminal background check.

If the Head of Household moves or dies, NYCHA’s rules say you must have been listed as an Authorized Permanent Household Member and lived in the apartment for at least one year before the Head of Household vacates or passes away to qualify to become the new Head of Household.

To submit an RFM claim:

• If you are an Authorized Permanent Household Member, you can submit it online via the NYCHA Self-Service Portal.
• If not, you must submit the claim in person at your local management office.

While your claim is being reviewed, you must pay rent, which is called “use and occupancy” before you obtain a lease. The rent should be based on your household income or the previous Head of Household’s household income, whichever is lower. You are not responsible for any rent owed by the previous Head of Household.

NYCHA may start a holdover eviction case in Housing Court while reviewing your claim. Inform the Housing Court judge about your pending RFM claim and ask that the case be adjourned to another date so that NYCHA can make a decision on your claim.. NYCHA cannot evict you unless they obtain a judgment and warrant of eviction in Housing Court. The case should not proceed while your claim is under review. If your claim is denied, you have the right to appeal.

If you need assistance with submitting an RFM claim or understanding your rights as a NYCHA resident, contact our Public Housing Unit by calling 212-298-3450 or emailing publichousingunit@legal-aid.org. Or contact NYCHA’s Customer Contact Center at 718-707-7771 for more information.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.