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Not quite that dire...

Posted by MikeW on July 11, 2001 at 12:37:42:

In Reply to: Re: Sucession Rights? - Mitchell-Lama Apartment posted by mary on July 10, 2001 at 17:54:02:

The original poster must simply live in the apartment for two years before both of her parents move out or die. If he/she does that, and has the paperwork to back it up (tax returns, voter registration, utility bills, etc.) they'll have no problem.

I don't think the LL will give them too much trouble. Remember, we're talking Mitchell Lama, not stabilized. As long as the building is in the program, there isn't the incentive to turn the apartment over, as there is with stabilized apartments, where a turnover can be used to get the apartment off stabilization. I don't think the LL would get much, if any, more money if the original poster stays vs. someone off the waiting list. At worst, if there is a vacancy increase, they could negotiate with the LL to pay the increase and keep the apartment. Also based on their income, the rent may go up. If this is the case, the LL may prefer to keep them.

: You will have Rights to suceed them BUT you have to make that your ONLY PERMANENT residence for 2 years before they move die or go into a nursing home

: YOU should NOT have called the manager, now they know and you will have to spend lots of money to keep the apartment, once you get it.

: SO start tighning you belt and raise $10,000 in CASH, no eating out, no new clothes, no vacations and DO NOT get pregnant!

: Seriously this is a WAR to prevent you from getting a cheap apartment, and you must think like that.

: But consider the alternatives, you could pay maybe $100,000 more in rent by NOT getting your parents apartment.


: : My parents live by themselves in a Mitchell-Lama building in Manhattan. Sadly, their health in deteriorating and in a few years I fear they might have to be moved into an old age home. Is there anything I can do to keep the apartment in the family?

: : I called the managing agent of the building, and he told me that I have no rights of succession since I do not live with them and I am not on the lease. I raised the point that I am considering moving in to help them out, but he said that once they became to ill to reside there, I too would have to move.

: : Is there anything I can do? I am considering obtaining legal council, but I don't want to spend money on what I fear may be a worthless cause.

: : Thank you for any advise.

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