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bisou49 · Aug 16, 2011, 11:17 AM

I live in nyc mitchell lama co-op and I paid for the co-op. I wanted a 2 BR and you can't get one in a mitchell lama unless you have two people moving in or you must have children. My girlfriend and I decided to live together I put her name down she was investigated just like me to get the apt but she did not put any monies up for it. Now we are living separately in the apt (she's in one B/R I'm in the other for the past year) I meet someone and want to get married. What can I do legally of course to get rid of the ex-girlfriend.

bisou49 · Aug 16, 2011, 12:26 PM

I live in nyc can I evict my boyfriend from the co-op I bought and I put him down as an occupant?

Fr_Chuck · Aug 16, 2011, 12:41 PM

If he is just a occupant, not one of the people listed as leasing the property yes.

LisaB4657 · Aug 16, 2011, 01:03 PM

Interesting. Are you the boyfriend or the girlfriend? The owner or the occupant? In any case, the owner can evict the occupant by following the NYC landlord/tenant laws.

AK lawyer · Aug 16, 2011, 03:29 PM

Originally Posted by bisou49

... what can i do legally of course to get rid of the ex-girlfriend.

Not much. Buying her out is one option.

Or wait until the lease expires and don't renew.

LisaB4657 · Aug 16, 2011, 03:37 PM

Originally Posted by AK lawyer

Not much. Buying her out is one option.

Or wait until the lease expires and don't renew.

The OP said it's a co-op. Those usually have 99 year leases. Kind of a long time to wait her out.

AK lawyer · Aug 16, 2011, 04:06 PM

Originally Posted by LisaB4657

The OP said it's a co-op. Those usually have 99 year leases. Kind of a long time to wait her out.

If that's the case, he could institute an action for partition (sale, really) of the leasehold I suppose.

ballengerb1 · Aug 16, 2011, 04:07 PM

Who signed the lease, both of you?

LisaB4657 · Aug 18, 2011, 11:59 AM

The way I read both questions, one person owns the leasehold interest and the other person is merely listed as an occupant. So the owner of the leasehold can evict the occupant.

AK lawyer · Aug 18, 2011, 12:07 PM

Originally Posted by LisaB4657

The way I read both questions, one person owns the leasehold interest and the other person is merely listed as an occupant. So the owner of the leasehold can evict the occupant.

The title of the thread says "shes on the lease".

LisaB4657 · Aug 18, 2011, 12:11 PM

Originally Posted by AK lawyer

The title of the thread says "shes on the lease".

If you'll read through the thread again you'll notice that the OP posted twice, once as the boyfriend and once as the girlfriend. The second post stated that the other party was an occupant.

And it's not apparent from the wording in the first post that both are leasehold owners.

AK lawyer · Aug 18, 2011, 12:20 PM

Originally Posted by LisaB4657

If you'll read through the thread again you'll notice that the OP posted twice, once as the bf and once as the gf. The second post stated that the other party was an occupant.

And it's not apparent from the wording in the first post that both are leasehold owners.

Very confusing, for sure.

Apparently the OP's GF is on the lease, but his/her BF is shown as "occupant".

ScottGem · Aug 18, 2011, 01:15 PM

Ok, first, as Lisa has noted it appears, that this account posted two separate threads, one as the boyfriend and another as the girlfriend.

Second, a Mitchell Lama Co-op, is one incorporated under a specific law in NYS (known as Mitchell-Lama after the authors). I'm not going into the details about them , you can research that if you want to. But this is a CO-OP there is no lease. Occupants buy shares in the corporation which entitles them to the use of an apartment.

So the question here is whether both parties are listed as owners of those shares. If they are, then one party will have to buy out the other. If not, the party that is listed as the owner of the shares, can issue a termination notice to the other occupant and go through the eviction process, if necessary.

So the OP (either one of them or both?? ) need to return and explain why the two different posts and who owns the shares. Only then can we help further.

LisaB4657 · Aug 18, 2011, 02:09 PM

Scott, when a person buys shares in the corporation, doesn't the corporation then issue a long-term lease (usually 99 years) for the specific unit, the way other co-ops do?

AK lawyer · Aug 18, 2011, 03:21 PM

Originally Posted by LisaB4657

Scott, when a person buys shares in the corporation, doesn't the corporation then issue a long-term lease (usually 99 years) for the specific unit, the way other co-ops do?

...

Housing cooperatives

After a certain period of years, owners of Mitchell-Lama limited equity housing cooperatives may decide according to their co-op voting rules to "privatize" (demutualize) their building ...
..."

Mitchell-Lama Housing Program - Wikipedia, the free encyclopedia

" ...
Each resident or resident household has membership in the co-operative association. Members have occupancy rights to a specific suite within the housing co-operative as outlined in their "occupancy agreement", or "proprietary lease" which is essentially a lease.
..."

Housing cooperative - Wikipedia, the free encyclopedia

ScottGem · Aug 18, 2011, 03:47 PM

I can't find anything specific about this. But I can tell you I lived in an M-L Co-op for more than a decade. My mother served on its Board and published the community newsletter.

At no time did I ever hear any of the residents refer to themselves as tenants. We were shareholders. M-L provided for limited equity co-ops where the value of the shares were set by the corporation and had to be sold back to the corporation.

I never recall anything about leasing.

But that's really moot. I believe I am correct in how the shares are titled being the key.