![]() ![]() It ruled that succession regulations are meant to prevent the “dislocation of long-term residents”-including “nontraditional family members”-when the head of the household leaves. DHCR, by the Court of Appeals, the state’s highest court. ![]() Those changes fly in the face of an October 2013 decision, Murphy v. This is not what grieving family members are usually thinking about. (3) To take over the lease, the remaining household member would have to file a claim within 90 days of the death (or admission to a nursing home) of the main tenant or cooperator. Neither could aunts, uncles, nieces, or nephews. (2) Nontraditional family members-added under an important court decision over two decades ago-could no longer take over the lease. If there were a divorce, for example, and the head of the household moved out, the remaining family members could lose their home. (1) Another household member could not take over the lease when the main tenant or cooperator, the “head of the household,” left-unless he or she either died or went into a nursing home. The proposed regulations would limit who could take over (“succeed to”) an apartment in three ways, as attorney David Hershey-Webb testified: City Councilmember Gale Brewer (D-Manhattan) said they would “target those who are law-abiding, and limit valid succession by family members,” and that HPD had not given the public and residents adequate notice about the proposals and the hearing. 6, as many testified against the changes. Mitchell-Lama tenants and M-L co-op residents packed an HPD hearing Nov. (Some are supervised by the state’s Housing and Community Renewal agency.) The regulations would apply to Mitchell-Lama developments supervised by HPD. ![]() They also change what will happen to the building if it is taken out of the program, and some aspects of the waiting lists. The proposed regulations would restrict both which members of a Mitchell-Lama household could take over an apartment when the head of the household leaves, and how they could do it. On the eve of a new city administration, the Department of Housing Preservation and Development has proposed regulations that would sharply limit succession rights for residents of buildings in the Mitchell-Lama program. ![]()
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