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Hi!
I wanted to know if anyone here is familar with succession rights in Mitchell- Lama. I am currently trying to obtain succession rights with the help of my lawyer even though the judge has already set an eviction date. The judge was told by another relative who lives here also, that they were the only ADULT that resides here. This is a lie. I have lived here with my grandmother for two years, this relative came here to live 3 months after I came. When my grandmother died, this relative tried to obtain succession rights to the apartment so that they could get me out of the apartment, However this only kicked them in the butt and managament started legal action to get them out. At court this relative told the judge that they are the only adult in the apartment. The judge only continued proceedings against this family memeber and gave them an eviction date.
I have just found all this out and I am fighting to see if i can take succession over the apartment being that I have made the two year mark in residing with my grandmother before her passing. However, Mitchell lama also has a rule about being listed on the last two income affidavits. I am not. My lawyer wants to get the stipulation thrown out, which he said is rare. But he's doing all he can. My question is has anyone here known of any situations where someone took Succession over a apartment without being listed on the income affidavits. I really do not know why my grandmother didnt list me, but i rarly got involved in her affairs with managment.
Thanks for any advice, God Bless
I am not sure, but I know that the rules are in flux.
An article a couple months ago in THE CO-OPERATOR paper said that they were or have gotten rid of ALL succession rights in Mitchell Lama but they weren't clear on the wherefores and hences or the time frame.
Until the dust settles there may be a bit of a limbo situation in play here.
From what I do know, a lot depends on the management company and the board. I know of many cases where the flimsiest of relationships are used to keep apartments and even get new additional ones.
But looking at your facts, I would surmise that since the board and management and a judged nixed your relative's claim, the same will happen to you. And by your own admission and by the generous OLD rules, if you have not been llisted on the income updates for the last two years you have NO claim.
I doubt this will help you, but saying it anyway. We had a bachelor uncle living in a rent controlled apartment for around 50 years. As he had no descendents, as he aged the family considered sending a young adult NYC great-nephew there to live with him who might inherit the place someday and provide care/management for him. But as a non-direct-descendent, rent control rules said he'd have to really take intimate care of the old man, arrange or accompany him to doctors appointments and so on, documenting it. (We had a lawyer look over what was required of him.) The young adult said his own work and lifestage was wrong for the responsibiity, and he was honest enough to say, "I can't" although he sure would have loved inheriting that apartment! So the family made different old-age-care professional setups for uncle, who eventually died peacefully.
So -- if you provided domestic care, and this was your own grandmother (direct descendent is better than great-nephew), perhaps there are medical notes on your grandma's history that indicate who accompanied her to doctor visits, or any other indication that you actually cared for her medical needs as she aged. You can work too, it's all the afterwork care you might have done for her. Medical home support care means much more than bringing her tea or running grocery errands.
That might distinguish you from the other adult who lived there.
It needs to be true. It's something to ask your lawyer about.
Last edited by BrightRabbit; 06-02-2015 at 10:19 AM..
I don't know the rules, but I know of others in this situation. They all had to give up the apartment. The courts usually allow a 4-6 month stay, so that you can find another place to live if the rent is up to date. You were not on the lease because your income would be considered and the rent would have gone up. Maybe your grandmother didn't trust that you would pay your portion of the rent and she would be endanger of losing the apt.
Whatever the situation was, I would start looking for a new apt.
Hi!
I wanted to know if anyone here is familar with succession rights in Mitchell- Lama. I am currently trying to obtain succession rights with the help of my lawyer even though the judge has already set an eviction date. The judge was told by another relative who lives here also, that they were the only ADULT that resides here. This is a lie. I have lived here with my grandmother for two years, this relative came here to live 3 months after I came. When my grandmother died, this relative tried to obtain succession rights to the apartment so that they could get me out of the apartment, However this only kicked them in the butt and managament started legal action to get them out. At court this relative told the judge that they are the only adult in the apartment. The judge only continued proceedings against this family memeber and gave them an eviction date.
I have just found all this out and I am fighting to see if i can take succession over the apartment being that I have made the two year mark in residing with my grandmother before her passing. However, Mitchell lama also has a rule about being listed on the last two income affidavits. I am not. My lawyer wants to get the stipulation thrown out, which he said is rare. But he's doing all he can. My question is has anyone here known of any situations where someone took Succession over a apartment without being listed on the income affidavits. I really do not know why my grandmother didnt list me, but i rarly got involved in her affairs with managment.
Thanks for any advice, God Bless
Every RS lease and or Mitchell Lama housing sends such "adult persons living" in a unit notices. That is when spouses and other adults living in an apartment are normally added to the lease and or can establish succession rights. Your grandmother or whomever tried to run game and keep low rent by not adding other adults but this has backfired, sadly.
Long story short your "family" cannot have it two ways legally. If they were claiming no one but your late grandmother was residing in the unit (for whatever reason), coming now after her demise to claim otherwise is rarely going to fly. Think about it; otherwise everyone and their mother would be claiming to have lived in a unit and able to succeed on a lease.
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