![]() ![]() To apply for succession, you must file an application with the housing company that manages your Mitchell-Lama building. “Witnesses can also testify that you occupied the apartment with the departing tenant.” “The more paper that connects you to the apartment the better,” Himmelstein says. Registering to vote, as well as having a driver’s license, credit cards, bank statements, gym memberships, or medical and employment records at that address, are also strong forms of proof that you’ve resided in the apartment for the required one or two years. “You can also prove your tenancy in the apartment by filing state income taxes from that address-if you haven’t filed then, it can be fatal to your succession,” Himmelstein says. He adds, though, that it’s still a good idea to make sure your predecessor is listing you on theirs, as it will help your application for succession move along more smoothly. “The court ruled that not being on an income affidavit is not fatal to a succession case.” He had lived in the apartment all his life and had proof he had resided there, but he wasn’t listed on the income affidavit,” explains David Hershey-Webb, a partner at HMGDJ Law. “The plaintiff, Paul Murphy, was seeking succession. In 2013, however, a Court of Appeals case changed this rule. In the past, you also had to be listed on your predecessor’s annual income affidavit, which Mitchell-Lama housing companies use to determine residents’ annual income and whether they must pay a surcharge, if their income has increased over the maximum limit. In addition, you must have co-occupied the apartment with the person you’re succeeding for two years (if you are under 62 years old and don’t have a disability) or one year (if you’re over 62 or have a disability.) ![]() If you are a non-traditional family member you must prove that you had an emotionally and financially interdependent relationship with the former tenant. You can prove a familial connection through documentation like a birth or marriage certificate. ![]() spouses, children, parents, siblings, grandchildren or grandparents),” Himmelstein says. They can be related by blood or marriage (e.g. They can be related in a traditional or non-traditional sense. ![]() “Family members are as defined by statute. This can occur if the tenant dies, moves elsewhere, or is in a nursing home with no likelihood of being able to move back into the unit. First, the tenant must have permanently vacated the apartment. Succeeding a current tenant or co-op shareholder also requires fulfilling several qualifications. Naturally, competition is fierce for these apartments, and many of the participating developments have long waiting lists. To purchase or rent one (for a deep discount, by NYC standards) owners must meet income qualifications. “They have provisions that say family members can succeed you in the apartment, which mirror rent-stabilization guidelines.”Ĭreated in the 1960s in an urban renewal effort, Mitchell-Lama housing is subsidized by the government, and today there are about 45,000 Mitchell-Lama units remaining in New York City. “Mitchell-Lama housing is governed by the state through the Division of Homes and Community Renewal, and by the city through Housing and Preservation Development,” Himmelstein explains. The rules for succession in Mitchell-Lama housing, which provides affordable rentals and co-ops to low and moderate income New Yorkers, include providing proof that you’re related to the current tenant and have lived in the apartment with them, says Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations. ![]()
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