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The complete requirements for succession rights can be found in the Mitchell-Lama rules on HPD’s Web page at www.nyc.gov/hpd. There are three (3) conditions you must meet and document to qualify for succession: . (1) Authorized Family Member, (2) Inclusion on the necessary Income Affidavits, and . (3) Occupancy during the Co-Residency Period.
DHCR regulations provide that eligible persons may continue to live in an apartment after the death or move-out of the cooperator. Riverbay’s policy follows DHCR rules and explains succession rights to Co-op City residents.
Protecting apartment resources. Under both HCR and HPD rules and regulations, you can apply occupancy standards to succession. In practical terms, this means avoiding the misallocation of apartment resources where a single individual, through succession, is living in a three-bedroom apartment.
Succession Interpretation By Warren a. estis And Jeffrey turkel In ‘Murphy v. NYSDHCR,’ the Court of Appeals, by a 4-3 margin, determined that DHCR had misinterpreted its own succession regulation with respect to the Mitchell-Lama tenant in question.
other household members generally must satisfy succession requirements in order to remain in a Mitchell-Lama apartment after the shareholder or tenant of record permanently vacates, but allow spouses to be named on such documents.
13 lip 2016 · The Mitchell-Lama rule amendments that became effective on December 25, 2014, prohibit application transfers except between spouses and children of at least 18 years of age who were on the applicant’s original application.
If you’re a Mitchell-Lama tenant facing eviction or succession issues, swift action is essential. If you find yourself confronted with eviction proceedings or succession disputes within the Mitchell-Lama framework, enlisting the assistance of a knowledgeable and experienced attorney is crucial.
