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mitchell lama

Postby suffolk1063 » Sun Mar 19, 2006 7:37 am

My mom lives in Soth Bridge towers. She is sick, my sister may need to move in to care for her. Does anyone know what happens if my mom passes away, will my sister have to move out? Does anyone know any resouces on finding information on this type of situation ?
Thank you !
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Re: mitchell lama

Postby Aubergine » Sun Mar 19, 2006 1:14 pm

Southbridge Towers is a DHCR-supervised Mitchell-Lama project that does not also receive a federal subsidy.

Two specific sections of these rules are particularly important to your mother's/sister's situation. One covers permission and eligibility to co-occupy a tenant's unit:
§ 1727-3.6 Changes in persons occupying tenant's apartment.

Housing companies shall notify all tenants, and shall provide in all leases, that the housing company must be advised in writing within 90 calendar days of any additions to or deletions from the tenant's family who reside in the housing accommodation, or the persons who for a period of 30 days or more occupy the housing accommodation, and that such changes shall be reflected in all subsequent affidavits of income submitted by the tenant.
9 NYCRR § 1727-3.6.

The other important provisions to be aware of deal with succession rights:

§ 1727-8.1 General.

The rights of family members of tenants or cooperators who have requested to remain as the lawful tenant in apartments in projects developed under the Private Housing Finance Law are governed by policies and procedures indicated in this section, except in those instances where federal rules and regulations preempt these regulations.

§ 1727-8.2 Definitions.

(a) As used in this Subpart the following definitions apply:

(1) Tenant/cooperator. Any person or persons named on a lease as lessee or lessees or who is or are a party or parties to a rental agreement and obligated to pay rent or carrying charges for the use or occupancy of a housing accommodation.

(2) Family member.

(i) A husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law or daughter-in-law of the tenant.

* * *

(3) Senior citizen. A person who is 62 years of age or older.

(4) Disabled person. A person who has an impairment which results from anatomical, physiological, or psychological conditions, other than addiction to alcohol, gambling, or any controlled substance, which is demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which substantially limit one or more of such person's major life activities.

(5) Primary residence. The housing accommodation in which the person actually resides and maintains a permanent and continuous physical presence. Proof of such residency shall be the listing of such person on the annual income affidavit and/or the filing of the Notice of Change to Tenant's Family as set forth in section 1727-3.6 of this Part, together with other evidence, such as certified copies of tax returns, voting records, motor vehicle registration and driver's license, school registration, bank accounts, employment records, insurance policies, and/or other pertinent documentation or facts.

§ 1727-8.3 Vacating of apartment by tenant.

(a) Unless otherwise prohibited by occupancy restrictions based upon income limitations pursuant to Federal or State law, regulations or other requirements of governmental agencies, if the tenant has permanently vacated the housing accommodation, any member of such tenant's family, as defined in section 1727-8.2(a)(2) of this Subpart, who has resided with the tenant in the housing accommodation as a primary residence for a period of not less than two years, has been listed on the income affidavit and/or on the Notice of Change to Tenant's Family as required under section 1727-3.6 of this Part, or where such person is a senior citizen or a disabled person as defined in section 1727-8.2(a)(3) and (4) of this Subpart, respectively, for a period of not less than one year, immediately prior to the permanent vacating of the housing accommodation by the tenant, or from the inception of the tenancy or commencement of the relationship, if for less than such periods, may request to be named as a tenant on the lease and on the stock certificate.

* * *

(c) The housing company shall secure credible evidence of the tenant's removal from the housing accommodation and the surrender of the unit or the tenant's written declaration to vacate the unit prior to the consideration of reletting or succession to the housing accommodation.

* * *

§ 1727-8.5 Action by housing company and by the division.

(a) Where a family member applies to the housing company for permission to remain in occupancy as a tenant the housing company, within 30 days of receipt of the application, shall act upon the application by either requesting the division to approve the application or by denying the application and notifying the applicant family member in writing of its determination.

(b) In the event the housing company should deny such application the notice to the applicant shall set forth the specific reasons for the denial and a statement advising of the method to be followed to appeal the housing company's denial to the division.

(c) A family member applying to succeed to a lease, within 30 days of receipt of the written denial notice, may appeal to the Office of Legal Affairs of the division from such denial by the housing company, by sending the appeal to:

Division of Housing and Community Renewal
One Fordham Plaza
Bronx, New York 10458
Attention: Office of Legal Affairs

together with proof of service of a copy of such appeal upon the housing company. The appeal shall briefly set forth the reasons why the family member believes he or she is entitled to occupy the apartment and any errors or erroneous findings he or she believes are contained in the housing company's determination.

(d) Pending a determination by the division on the family member's appeal such family member may continue in occupancy.

(e) In the event such family member is found by the division to be ineligible to remain in occupancy then such family member shall vacate the housing accommodation or the housing company shall proceed to terminate such occupancy pursuant to Subpart 1727-5 of this Part.
9 NYCRR subpart 1727-8.

The requirement that a family member appear on the tenant's annual income affidavits for two years cannot be overemphasized. Your sister needs to plan ahead to make sure she can comply with the succession rules. Just moving in without permission and without reporting to management will not be enough.

Hopefully the above will answer your questions. If you need further explanation, just ask.

<small>[ March 19, 2006, 02:59 PM: Message edited by: aubergine. ]</small>
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Re: mitchell lama

Postby suffolk1063 » Sun Mar 19, 2006 1:40 pm

Thank you for your help, I will read and try to digest all this info
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Joined: Sun Mar 19, 2006 2:01 am
Location: suffolk county

Re: mitchell lama

Postby Cranky Tenant » Sun Mar 19, 2006 2:50 pm

According to Downtown Express, Southbridge Towers is looking to opt-out of Mitchell Lama. All of the guidelines Aubergine refers to could change in the furture but there's no telling exactly how long current rules could contimue


<small>[ March 19, 2006, 01:50 PM: Message edited by: Cranky Tenant ]</small>
I'm a cranky tenant NOT a cranky lawyer.
Cranky Tenant
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Re: mitchell lama

Postby Aubergine » Sun Mar 19, 2006 3:50 pm

Apologies -- I was mistaken about which agency (HPD or DHCR) supervises Southbridge Towers. It is a DHCR-supervised project. The rules are similar, however. I edited the post above to refer to the correct regulations.
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