HABITAT
Subscribe for Daily Updates!
A person has been living in our co-op for the past 13 years.
She moved in to help her elderly parents and was not on the proprietary lease or stock certificate.
Her parents past a way more than 10 years ago. They left her the co-op in their will.
For 13 years this quiet woman now a senior herself has lived in the apartment, never causing any problem, never late with her maintenance, received a letter stating she must now put her name on the lease and stock certificate and go through the admission process.
Our by-laws state you must be on the proprietary lease and stock certificate to live here however, the co-op has man people who have domestic partners and are not on the P.L and S.C. Does this now affect them as well or is this one woman being targeted?
The easier case first. Domestic partners have nothing to worry about since they would be covered by the Roommate Law, if nothing else. You can *always* have a roommate sharing your apartment, regardless of what the Proprietary Lease may say.
The case of the woman who moved in to take care of her now-deceased parents is more difficult, and you should absolutely consult an attorney. The shareholders are no longer occupying the apartment, which means you'll need to check the Proprietary Lease. Most commonly, the relevant portion is Paragraph 14, "Use of Premises." The classic test is whether it says the permitted occupants are "the Lessee AND ..." or just "the Lessee, ..." In the past, the "AND" case has been held to require concurrent occupancy by the shareholder, though there have been some cases challenging this. Again, the advice of an attorney is required.
Frankly, though, it seems ludicrous and more than a little obnoxious to try to press such a claim after the shareholders have been dead for a decade. In fact, if the circumstances were known to the board the whole time, I would imagine the woman's attorney could argue that the board tacitly consented to her occupancy and it's too late to press their claim.
The woman also stopped receiving any concurrent occupancy benefits after both parents passed away.
When she questioned this with the on-site manager, she was told that was because her name was not on the lease or stock certificate.
This is validation that the co-op was aware of this situation and did not enforce the rules.
She is curious to weather the co-op has been receiving Star benefits for her apartment and keeping them and if so are they entitled to because the co-op is not in her name.
I’m not an attorney but I don’t think she’s entitled to Star or any abatements since she’s not the shareholder.
I agree with Carl that the co-op will have a hard time removing the daughter since the Board knew about it for more than a decade.
Thank you. I will replay this information.
Introduce yourself to other members of Board Talk! Log in below or register here.
Board Talk members who registered prior to March 9th, 2016 will need to reset their password.
Board Talk members who registered prior to March 9th, 2016 will need to reset their password.
Habitat u
visit habitat uHabitat U: learn about how to manage a building, and what you should know as a co-op or condo board member.
Archives
search
Search, by word or phrase, all magazine articles from January 2002 to present. You may print or email your results. Print subscribers receive free access to the Habitat Article Archive.
Ask the Experts
learn moreLearn all the basics of NYC co-op and condo management, with straight talk from heavy hitters in the field of co-op or condo apartments
Professionals in some of the key fields of co-op and condo board governance and building management answer common questions in their areas of expertise
Subscribe
join nowGot elected? Are you on your co-op/condo board?
Then don’t miss a beat! Stories you can use to make your building better, keep it out of trouble, save money, enhance market value, and make your board life a whole lot easier!
An attorney should determine if the lsnguage in the Proprietary Lease or by laws conflicts with the New York Business Laws and court rulings related to this situation.
Thank you for rating!
You have already rated this page, you can only rate it once!
Your rating has been changed, thanks for rating!
Board Talk members who registered prior to March 9th, 2016 will need to reset their password.