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Posted by consigliere on November 05, 2001 at 10:43:40:

In Reply to: Mitchell-Lama Coop posted by jackie on November 04, 2001 at 20:37:49:

Both HPD and DHCR have rules governing succession in Mitchell-Lama apartments, which are similar to the rules for succession in rent controlled and rent stabilized apartments.

You should be able to continue living in the apartment after your father dies or moves away, because your name is on the income affidavit.

If your father wills the apartment to his girlfriend, you may have to pay her for the equity in the apartment. However, if the co-op finds out that the girlfriend has been living in the apartment, without being on the income affidavit, they may attempt to evict everyone, and/or seek any surcharges that might have been owed to the co-op because of her unreported income.
 
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: I live in a City Mitchell-Lama Coop in Queens, New York with my father. He is the sole owner of the Coop and my name is on the Income Affidavit document. Another person (his Girlfiend) also lives with us but her name is not on the Income Affidavit form. She has been living with us for about 3 years. Question - If my father was to die would I automatically be given the apartment or would the girlfriend be given the apartment. What can I do to ensure that I be given the apartment if the unthinkable happen. Thank you.

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Comments:
: Both HPD and DHCR have rules governing succession in Mitchell-Lama apartments, which are similar to the rules for succession in rent controlled and rent stabilized apartments.  

: You should be able to continue living in the apartment after your father dies or moves away, because your name is on the income affidavit.  

: If your father wills the apartment to his girlfriend, you may have to pay her for the equity in the apartment.  However, if the co-op finds out that the girlfriend has been living in the apartment, without being on the income affidavit, they may attempt to evict everyone, and/or seek any surcharges that might have been owed to the co-op because of her unreported income.  
:  
: :
: : I live in a City Mitchell-Lama Coop in Queens, New York with my father.  He is the sole owner of the Coop and my name is on the Income Affidavit document.  Another person (his Girlfiend) also lives with us but her name is not on the Income Affidavit form.  She has been living with us for about 3 years.  Question - If my father was to die would I automatically be given the apartment or would the girlfriend be given the apartment.  What can I do to ensure that I be given the apartment if the unthinkable happen.  Thank you. 


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