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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?
Response by fieldschester
almost 10 years ago
Posts: 3525
Member since: Jul 2013

How big is the apartment?
Have you consulted a lawyer about whether or not a restriction based on marital status is lawful?

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Response by alanhart
almost 10 years ago
Posts: 12397
Member since: Feb 2007

Your parents don't want to move in with you.

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Response by 300_mercer
almost 10 years ago
Posts: 10613
Member since: Feb 2007

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).

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Response by FireDragon
almost 10 years ago
Posts: 110
Member since: May 2009

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.

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Response by ph41
almost 10 years ago
Posts: 3390
Member since: Feb 2008

you are a really good child!

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Response by WaterDragon
almost 10 years ago
Posts: 0
Member since: May 2013

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.

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Response by FireDragon
almost 10 years ago
Posts: 110
Member since: May 2009

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?

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Response by flarf
almost 10 years ago
Posts: 515
Member since: Jan 2011

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."

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Response by Squid
almost 10 years ago
Posts: 1399
Member since: Sep 2008

I agree with flarf. It may raise red flags if you seek to get approval in advance.

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Response by ado06
almost 10 years ago
Posts: 10
Member since: Aug 2009

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

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Response by FireDragon
almost 10 years ago
Posts: 110
Member since: May 2009

Thanks ado. Do you mean putting "..., ..., and immediate family members" as the "Proposed Occupants" in the contract?

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Response by 300_mercer
almost 10 years ago
Posts: 10613
Member since: Feb 2007

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.

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Response by 30yrs_RE_20_in_REO
almost 10 years ago
Posts: 9882
Member since: Mar 2009

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.

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Response by ado06
almost 10 years ago
Posts: 10
Member since: Aug 2009

Yes, FireDragon, that's what we did

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Response by walpurgis
almost 10 years ago
Posts: 593
Member since: Feb 2009

Very thoughtful gesture.

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Response by walpurgis
almost 10 years ago
Posts: 593
Member since: Feb 2009

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!

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