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Problem with people listed on income affidavit

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Problem with people listed on income affidavit

Postby marcinny » Wed May 22, 2019 4:19 pm

Hello everyone,

I am a shareholder of Mitchell-Lama co-op apartment. I gained succession rights after my uncle passed away because his wife (I will call her R) could not prove her residency. She leaves in different country, has main source of income there, many real estate and huge bank accounts. She just visits US twice a year to keep her "green card", report fake low income to receive benefits for herself and her daughter who studies in private college and lives in my apartment.
They refuse to participate in cost of maintanance but insist on me to put them on income affidavit every year.
I made mistake few years ago transfering succession rights to my name and not putting another person who lives there longer than me on income affidavit. This person was never on a list when I moved in and my uncle was still alive. I was afraid that when I combine mine and his income I will loose rights to this apartment. Now I know it is not true.
This year I decided not put R on a list and she went to management to report me.
Manager advised me to "come out the shadow" and list everybody (even R who "visits" us only for few weeks twice a year) what I did.
Now I am facing surcharge, R and her daughter still refuse to pay and R urges my "roommate" not to pay either.
I am looking for any opportunity to separate.
1. I am on waiting list for a studio apartment in the same complex but mine number is very high and there is low number of "studios".
2. I am willing to downsize this apartment and move to a smaller one where I can take care of my mother who just came to US as a permanent resident and there is no room for her in place where I live. When I spoke with previous management and told them about it they said that if I move by myself and people listed on bigger apartment will not vacate it, there will be eviction proceeding towards them and towards me. Does it mean that I have to take them with me and provide for them against my own will????
3. I consulted my situation with a lawyer already but he did not find any solution.

Thats why I found this forum. Hoping to find a way to solve my problem. I will appreciate any advice, any direction.

Thank you in advance.
marcinny
 
Posts: 2
Joined: Wed May 22, 2019 3:16 pm

Re: Problem with people listed on income affidavit

Postby TenantNet » Wed May 22, 2019 8:28 pm

I wish I could give you a better answer. As you probably know, Mitchell-Lama apartments have some similarities with Rent Stab units, but also important differences. Then there are ML rentals and ML coops. You say you are in a coop, so that puts you in a different situation altogether.

You say you gained succession rights, but then explain you might not have them. So I'm confused as well.

You say you consulted with an attorney. But which attorney? You need to find one that has experience in ML coops.

We will be sending you a document by regular mail. Let us know if you don't receive it. The pertinent part for your situation is in Chapter 4. This is from 2016. There might be more recent updates, but I don't know if I have them.
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Re: Problem with people listed on income affidavit

Postby marcinny » Wed May 22, 2019 9:48 pm

Thank you for your response and I am sorry for confussion.
I do have succession rights to apartment I am shareholder of.
I am just looking for a way to separate from (or get rid of) people who I live with. They dont pay for anything in this apartment. How can I make them to pay? Or evict them? Or just leave them in this apartment and transfer to smaller one in the same housing complex?
Does anyone could reccomend good ML co-op lawyer?
marcinny
 
Posts: 2
Joined: Wed May 22, 2019 3:16 pm

Re: Problem with people listed on income affidavit

Postby TenantNet » Wed May 22, 2019 10:01 pm

That's a whole different animal. If you are the shareholder AND live in the unit, then it depends on the status of the others. Are they tenants with leases, or not?

If you want them gone, then consider a licensee proceeding in housing court. You would be acting as a landlord and all the rules would apply. If they don't pay anything, are they roommates or guests? I would consult with an attorney ... again, one who knows ML.

We have attorneys who are advertisers, but to be honest I don't know if they would take on a case to support a person acting as a landlord.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
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