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HABITAT

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Adverse PossessionMar 30, 2019

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?

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Adverse Possession - H. Mar 30, 2019

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.

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Living in apt with or without shareholder - Carl Tait Mar 31, 2019

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.

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Adverse Possession - NYC Mar 31, 2019

Thank you. Very helpful.

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Adverse Possession - NYC Mar 31, 2019

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.

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Adverse Possession - NYC Mar 31, 2019

Sorry, Star benefits

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Adverse Possession - Marty Apr 01, 2019

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.

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Adverse Possession - NYC Apr 01, 2019

Thank you. I will replay this information.

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