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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16288
Experience:  15 years exp all aspects of general law
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I live in NYC Mitchell/Lama housing- have had a parking space

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I live in NYC Mitchell/Lama housing- have had a parking space since the day I moved in May l967- I raised 9 children- now waiting for my 26th grandchild to be born-I am a widow- people in my building want my parking place- for the past few years I am being harassed-Management has been told My niece is my driver- I am 79 yrs old and it is expensive to get insurance- plus she will drive me wherever I need to go- I have told this to mgmt and today I received a letter from them that they are terminating my parking place because I have not showed them my registration and insurance! I thought they agreed that my having a designated driver was alright- but it seems they really just want my parking place! If it has to be I will buy a car but it seems silly> Please tell me if I can use a driver rather than buy yet another car? I need the parking place-desperately!

Hello there

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I really wish that I could tell you something differently here, but in order to maintain the parking space in public housing you have to have a car registered and insured in your name. If you do not and you are letting a family member use the space (even if it is to act as your driver) it appears to them that you do not need the parking space on a fulltime basis any longer. You can certainly continue to designate someone in the family to do the driving for you, but in order to keep the space you must have the car registered and insured in your own name. In addition to registration and insurance in your own name, you will have to tell your insurance company the name of the person who will be your designated driver and you will be charged insurance based upon the driving record and insurance rates of that person who is designated as your driver. I know it sounds silly and if you lived in an area where parking spaces were not at such a premium then you would not be harassed in this manner and either forced to have a car or forced to give up the parking space. Legally speaking, there is nothing that you can do to challenge management on this issue. I truly wish I could tell you something different here, but I cannot and I am certain that you prefer that I tell you the legal truth of the matter rather than lie to you or gloss over the situation.

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PLEASE let me know if you have any further questions.

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MARY

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Customer: replied 3 years ago.

The termination is effective April 30th-do they have to allow me time to do this sale and ins. buying? Today is the 25th and 30th is Tuesday- I think I need a couple days.

Hello again Pat --

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Yes, you do need a good week or so -- even if you have a family member sign over a title to their car to you that will take some time to get back to you. My suggestion is that you tell them that you will be getting another car registered and insured in your name and ask if you can have an extension of the date of April 30 so you can accomplish all of this. If they flat out refuse, then my suggestion is that you rent a car in your name or lease one in your name from a dealer and that should put a car with your name on it into the space almost immediately and then you can work on actually purchasing another vehicle. (A leased vehicle might not be a bad idea -- and it is just like vehicle ownership but you can pick one out and be in the vehicle the next day -- check with your local auto dealers for terms and conditions regarding leasing a vehicle and you might find that the smaller monthly payments for a leased vehicle will go well with your current budget rather than paying a car payment that will be almost double the amount of a lease monthly payment).

 

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MARY