The tenant or subtenant path

The criterion, as the notice words it: A tenant or subtenant. There is no one-year-lease requirement anywhere in it.

The tenant has to be a natural person

Under the final rule the lessee or sublessee must be a natural person. An LLC named as tenant cannot establish primary residency, whatever the individual behind it does with the unit. A corporate lease with a person living in the unit is a different conversation, not this criterion.

Arm's length

Month-to-month is covered

The final rule added documentation pathways for renters under month-to-month lease or sublease agreements, the additional rental documents defined at 19 RCNY 62-01. An informal or short arrangement changes which documents you file, not whether the criterion is available.

The proof is mostly the tenant's

The rule asks for the lease plus the tenant's own residency documents: The most recent federal or state income tax return showing the address, or a driver's license or other DMV-issued identification on its own; if neither exists, a voter identification card plus one other proof that the property is the primary residence (19 RCNY 62-06(b), as amended August 3, 2026). Those belong to your tenant, not to you, which is why this path takes longer than owners expect. What should you ask them for? The full list is set out on that page.