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Mitchell Lama Co-op Succession

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Mitchell Lama Co-op Succession

Postby ahopki01 » Fri Nov 15, 2013 1:41 am

I live in a Mitchell Lama co-op with my mother for 1 year & 6 months. I would like to know if I have succession rights if she should pass away.
Thank-you.
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Postby TenantNet » Tue May 06, 2014 9:57 am

We normally don't deal with Mitchel Lamas as they are a different animal than RS/RC tenants or unregulated tenants. The usual regs - we think - require the succeeding tenant to have lived with the original tenant for two years, or one year if the succeeding tenant is 62 or over or disabled. (you should check on those provisions as they are likely to be the same as RS rules)

And normally we would recommend you get a legal consultation. That's even more important now because...

Bloomberg/HPD is proposing new regulations for ML that would alter the right of succession. A hearing was scheduled on this last week.

Bloomberg's new plan would make adopted children, aunts, uncles, nieces, and nephews not eligible for succession, and would stop the ability for non-traditional family members to succeed as a tenant. It would also require the original tenant to have passed away or to have gone to a long-term care facility, and require succession claims to be made within 90 days of the original tenant's passing.

We know attorneys are looking at these proposed regulations and they have not been adopted yet a far as we know. Nor do we know how incoming mayor Bill de Blasio would treat the proposals.

So if this is something you see as happening in the near term, I would be on top of this issue. Even if it's down the line, you will be better prepared if you know the current regs and can make your claim as soon as it's necessary. Because of the possible complexity, I would recommend consulting with a tenant attorney who has experience in this issue.


Last bumped by TenantNet on Tue May 06, 2014 9:57 am.
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