---

Posted by SamE on July 11, 2001 at 12:21:33:

In Reply to: Sucession Rights? - Mitchell-Lama Apartment posted by Jane on July 10, 2001 at 10:59:22:

: My parents live by themselves in a Mitchell-Lama building in Manhattan. Sadly, their health in deteriorating and in a few years I fear they might have to be moved into an old age home. Is there anything I can do to keep the apartment in the family?

There most certainly are succession rights in Mitchell-Lama's.
Ignore Provost, listen to JJ $ New York Tenant.
This is a quote form a decision published in today's New York Law Journal:
"The petitioner is an Article II
housing company organized under the Private Housing
Finance Law of the State of New York (PHFL), also known
as the "Mitchell-Lama Law", and is the owner of the subject
building.

On February 23, 2001, an HPD Administrative Hearing
Officer issued the Certificate of Eviction having concluded,
after a formal hearing, that the respondent Valerie Campbell
no longer resided in the subject premises having
permanently vacated in November, 1993 and the respondent
Edward Campbell failed to prove that he co-resided with his
daughter, the tenant of record, for at least one year before
she vacated and thus was not entitled to succession rights."

950 EVERGREEN GARDEN v. CAMPBELL

New York Law Journal
July 11, 2001

CIVIL COURT

good luck!

this link works today only 7/11/01 and you must sign in (free):
http://www6.law.com/ny/decisions/index.shtml

• click on Evergreen to read whole decision

Follow Ups:

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: : My parents live by themselves in a Mitchell-Lama building in Manhattan.  Sadly, their health in deteriorating and in a few years I fear they might have to be moved into an old age home.  Is there anything I can do to keep the apartment in the family?

: There most certainly are succession rights in Mitchell-Lama's.
: Ignore Provost, listen to JJ $ New York Tenant.
: This is a quote form a decision published in today's New York Law Journal:
: "The petitioner is an Article II
:                    housing company organized under the Private Housing
:                    Finance Law of the State of New York (PHFL), also known
:                    as the "Mitchell-Lama Law", and is the owner of the subject
:                    building.

:                    On February 23, 2001, an HPD Administrative Hearing
:                    Officer issued the Certificate of Eviction having concluded,
:                    after a formal hearing, that the respondent Valerie Campbell
:                    no longer resided in the subject premises having
:                    permanently vacated in November, 1993 and the respondent
:                    Edward Campbell failed to prove that he co-resided with his
:                    daughter, the tenant of record, for at least one year before
:                    she vacated and thus was not entitled to succession rights."

: 
: 950 EVERGREEN GARDEN v. CAMPBELL

:                    New York Law Journal
:                    July 11, 2001 

:                    CIVIL COURT 

: 
: good luck!

: this link works today only 7/11/01 and you must sign in (free):
: http://www6.law.com/ny/decisions/index.shtml


Optional Link URL:  
Link Title:         
Optional Image URL: 

---