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concurrent occupancy clause

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concurrent occupancy clause

Postby coop joe » Wed Aug 03, 2011 9:41 am

Hi, I have a question. I have recently vacated my coop apt and my adult child has moved in. The occupancy agreement has one of those standard clauses which say that it could be occupied by the owner and his immediate family. A superficial review of googlable case law seemed indicated that such clauses require concurrent occupancy by the owner and family. But then I found this in the new York times:

On the other hand, for co-ops in the other three boroughs, the courts have interpreted the word “and” to mean “or.” So, in Brooklyn, Queens or Staten Island, the daughter could reside in the apartment even though the shareholder is not in residence. http://realestateqa.blogs.nytimes.com/2 ... nts-co-op/

Unfortunately, I cant really find any recent examples of such cases (other than Barbizon Owners Corp. v Chudick, which is a 15 year old opinion). Can any of you point me to any queens/Brooklyn trial or appeals decisions where this is the case. Also, are first dept appellate division rulings binding on second dept trial courts?
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Postby TenantNet » Wed Aug 03, 2011 9:59 am

Sorry, wrong web site. This is tenant.net
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Postby coop joe » Wed Aug 03, 2011 10:06 am

why is this the wrong site? the board is claiming that my son is an "illegal subtenant." i figured tenant.net would be a good place to find answers.
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Postby TenantNet » Wed Aug 03, 2011 10:10 am

Because coops are not real tenants (even though they use the term). This site is for real tenants. Coop "tenants" own shares. Real tenants do not; they just lease.
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Postby coop joe » Wed Aug 03, 2011 11:59 am

TenantNet wrote:Because coops are not real tenants (even though they use the term). This site is for real tenants. Coop "tenants" own shares. Real tenants do not; they just lease.


agreed, but my son living in the apt doesnt own the shares and is a tenant (at least according to the board).
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Postby TenantNet » Wed Aug 03, 2011 12:32 pm

This is a coop issue, and this is a tenant web site.
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