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Mitchell-Lama rental succession/inheritance

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Mitchell-Lama rental succession/inheritance

Postby tenantwquestions » Wed Aug 14, 2019 9:23 pm

Hello everyone,

My dad has been living in a Mitchell-Lama rental for close to 20 years, I've lived with him for 4 years (2000-2004) and for the past 5+ years (2014-Present). I have taken care of the total amount of rent and utilities during these past 5 years. My dad wishes to relocate outside of the country and wants me to stay in this apartment. Below are listed some important details:

1. I have plenty of proof of having lived here for the period of times above mentioned.
2. I had provided my dad cash to pay for the rent during the first 3 1/2 years and I have money order receipts for rent paid directly to management with my name for the past year and a half.
3. Dad has never added me to the affidavit.


1. Do I have a chance to inherit this rental?
2. What is the income requirement in order to be eligible to inherit a Mitchell-Lama rental?
3. Should my income be too high, can I still apply for inheritance of this apartment? If I don't meet the eligibility requirements, is it even worth it to put in an application? Would it potentially harm my dad's rights over this rental if my application was submitted and denied?

Thank you kindly for any information that you can share with me.
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Joined: Wed Aug 14, 2019 9:08 pm

Re: Mitchell-Lama rental succession/inheritance

Postby TenantNet » Thu Aug 15, 2019 3:04 am

Mitchell-Lama is very similar to regular rent stabilization in many ways, but there are quirks depending on various things, so no general answer can be completely accurate. We generally advise ML renters (not ML coop owners) to consult their lease and a tenant attorney who has experience in ML.

For succession issues in general, even with RS tenancies, we believe tenants should consult with a tenant attorney and not wait until the last minute. Do it ASAP when you think succession might be coming, or there might be a complication. If you get your ducks in order now, later when dealing with the LL and DHCR, things are likely to go smoother.

Here I can only offer general comments on succession as it applies to rent stab.

The first thing I would do is to Google "Mitchell-Lama succession" and you'll find things right away.

Take a look at https://www.brickunderground.com/rent/m ... sion-rules

Here's another one: http://blog.thepricelawfirmllc.com/2013 ... -surprise/

Note: we do know the Himmelstein firm, a well-known tenant firm. We do not know the Price law firm. But there are many law firms with qualified attorneys, and a number advertise on this site. But shop around.

You have to qualify from an income standpoint (not the same with RS). So get your personal finances in order.

Plan out - to the extent you can - when and how your father will leave the unit. Start as early as possible so when things are checked, the information will say what benefits you best.

Being a natural son/daughter would fulfill the familial requirement; but if not, look at the regs for non-traditional families.

Co-occupation requires you live with the departing tenant for two years (if under 62 or with no disability), or one year if over 62 or if you have a disability. You say you have plenty of proof. But I would test that proof. The LL might object to the proof. Make sure it can't be questioned, and make sure you have multiple levels of proof.

Do not do things like have your father leave, but continue to sign leases for a while. Things like that can come back and bite you. (this is why you talk to a lawyer).

Income affidavit - that changed in 2013.

Income limits, well that depends on any number of things like the number in the family, the size of the unit, if it's a ML coop or ML rental. We can't tell you here, but check with DHCR and HPD.

Find out which agency covers your building, NYC's Dept. of Housing Preservation & Development (HPD) ... NYS Division of Housing and Community Renewal (DHCR)

Look for weaknesses in the information you will use to apply.
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Re: Mitchell-Lama rental succession/inheritance

Postby tenantwquestions » Thu Aug 15, 2019 9:59 pm

Thank you for your helpful answer and for the links, TenantNet. I am informing myself as much as I can. Will bring all the paperwork to an attorney for a consultation as well. I agree with you, better to do things in advance and as smoothly as possible.
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Joined: Wed Aug 14, 2019 9:08 pm

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