Parents may move in with us in the future
Started by FireDragon
almost 10 years ago
Posts: 110
Member since: May 2009
Discussion about
We are looking to buy an apartment in Manhattan. My parents are in their 70s and I'm the only child. When they get older, say in 5-10 years, I may want them to move in with us, so I can take care of them. However, I found out that in many (most?) co-op's proprietary lease, it says "in no event shall more than one married couple occupy the apartment without the written consent of the Lessor". Do people know whether co-op boards usually approve this type of request? Is it possible to get their written consent before we buy? Or should we look for condos and houses only?
How big is the apartment?
Have you consulted a lawyer about whether or not a restriction based on marital status is lawful?
Your parents don't want to move in with you.
firedragon, Once you are in a coop and living for a year or so, it is highly unlikely to be an issue the coop board will raise if you are otherwise in good standing. I assume the apartment is large enough for you and your parents (say 3 bedrooms if you have kids).
Yes, it's a 3 bedroom apartment.
We have a lawyer and we're going to check with him, but it looks like this is a fairly boilerplate sentence in the proprietary lease.
My parents surely prefer to live independently, but if their health decline in the future, I said I'd want them to move in instead to going to assisted living, and they acquiesced.
I wonder whether the board would give written consent now, before we sign the contract.
you are a really good child!
From http://law.justia.com/codes/new-york/2014/rpp/article-7/235-f
4. Any lease or rental agreement for residential premises entered into
by two or more tenants shall be construed to permit occupancy by
tenants, immediate family of tenants, occupants and dependent children
of occupants; provided that the total number of tenants and occupants,
excluding occupants' dependent children, does not exceed the number of
tenants specified in the current lease or rental agreement, and that at
least one tenant or a tenants' spouse occupies the premises as his
primary residence.
Not sure whether "immediate family" is considered as an "occupant" or not.
One couple living with the husband (or wife)'s elderly parents. This does not sound like a very complicated or unreasonable situation. I tried searching but didn't find any complaints/lawsuits about this.
I wonder whether this is never done? or actually allowed? or falls into a grey area that the co-op board is very unlikely to complain about?
Do you know people who have this arrangement?
I would not pursue written consent from the board before you sign the contract. The board has no idea who you are. You'll get nowhere and perhaps even been seen as a problem tenant, regardless of your good-natured intentions.
A lot can change in 5-10 years. Deal with it then. As was mentioned upthread: "Once you are in a coop and living for a year or so, it is highly unlikely to be an issue the coop board will raise if you are otherwise in good standing."
I agree with flarf. It may raise red flags if you seek to get approval in advance.
Ask your lawyer to write 'immediate family members' in the contract. When you interview with the board, your parent's aren't moving in with you yet so you do'nt have to disclose it. Circumstances change down the road and most co-op board should be ok with your parents moving in later. First hand experience here
Thanks ado. Do you mean putting "..., ..., and immediate family members" as the "Proposed Occupants" in the contract?
firedragon, Coops do not change their rules. It is take it or leave it. Not sure what ado means by writing in the contract. Contract with seller is meaningless as the coop is going to make you sign that you agree with the house rules. House rules can be changed anytime anyway with shareholders' approval.
If it is stuffy 5th or park ave coop, they may enforce it but it is highly unlikely that they will after you are in. In addition, the tools they have to enforce are very limited. Legality of this clause is questionable.
300 Mercer is correct. Nothing you put into a contract with a seller is going to be binding on the Coop Board in terms of following the By Laws / House Rules.
Yes, FireDragon, that's what we did
Very thoughtful gesture.
Very thoughtful gesture; it wouldn't be a bad idea to look for a lower floor unit for 2 reasons:
1) Your parents not having to climb several flights of steps in the event of an elevator breakdown.
2) Deterring you from jumping out the window after they've lived with you for 6 months.
Good Luck!