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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I have one question on succession rights at Mitchell Lama housing. I lived with my daughte

Customer Question

I have one question on succession rights at Mitchell Lama housing. I lived with my daughter a year prior to her death at Mitchel Lama housing. I filed income tax at her address for the prior year and affidavit for the following year. I was over 62 at the time. Now the management is trying to evict me
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your post and thank you kindly for requesting me directly. I will try to help you as best as I can.
I have reviewed this posting but I am unclear as to your question. What can I answer for you?
Customer: replied 1 year ago.
My question is:
The rules state " and whose name is ***** ***** any income documentation submitted by such tenant/cooperator to the Department or to any other governmental agencies (for example:ncome affidavits, recertifications or Section
8 forms),for at least the two consecutive annual reporting periods immediately prior to the tenant/cooperator's permanent vacating of the apartment" I have file 2011 income tax for the address and I received SS benefits to this address. I was 62 at the time which gives me the need to prove only one year of residency. Do I have the right to claim my succession rights to the apartment?
Expert:  Dimitry Esquire replied 1 year ago.
Hello and thank you for your follow-up.
The answer is 'no', I am afraid. You need to file tax returns for consecutive periods, and filing it once will not grant you the right to demand that this is your housing or that you have the first right to sign up for it. While you can appeal to the agency and try to seek succession rights, you do not have an inherent right, at this time, to the unit. I am sorry!
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
I've been filling my income tax since 2011 every year including this year
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your follow-up.
As I stated, you can appeal to the agency directly especially if you were related to the initial tenant, but you do not have an inherent right under the circumstances. You can still pursue their process, but you do not have an inherent right to a succession at this time.
Sincerely,
Dimitry, Esq.

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