Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    213 29th St. in Greenwood
    Buy
    We want to buy a Brooklyn townhouse under $2 million. Should we consider a one- or two-family house?
    three-bedroom condo in Brooklyn Heights asking $2.895 million
    Sell
    How much does moving to the suburbs cost vs. staying in NYC?
    15 Jay St., #PH, a three-bedroom condo in Tribeca
    Co-ops
    The pros and cons of owning a NYC penthouse apartment
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    89 Maspeth Avenue
    Rent
    Housing lottery launches for 217 rent-stabilized units in East Williamsburg
    View of Manhattan skyline from Gantry Plaza State Park
    Rent
    Why we moved to NYC from Toronto: A job promotion gave us the chance to start over
    apartment building in Harlem
    Rent
    I need a guarantor, but my roommate meets the NYC landlord’s income requirements on her own. What should we do?
    Sponsored By PandaGuarantee
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    three-bedroom condo in Brooklyn Heights asking $2.895 million
    Sell
    How much does moving to the suburbs cost vs. staying in NYC?
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
    Aerial View of Bedford-Stuyvesant
    Sell
    Brooklyn median sales price rose to $1.15 million on fewer deals in the third quarter
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    175 East 79th St
    Live
    Schwartz & Gross's 175 East 79th St: An imposing façade relieved by Renaissance-style designs
    The Lonely George and Annie Smith Mansion - 1033 Fifth Avenue
    Live
    The Smith Mansion at 1033 Fifth Ave: A dignified Beaux Arts design sandwiched between apartment buildings
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Gloved person working on a door lock
    Products + Services
    NYC Door & Lock Laws: Requirements & Tenant Rights
    Sponsored By Mr. Locks
    Elevated view of busy New York City avenue
    Renovation
    What NYC co-op and condo boards can do about higher insurance premiums
    stacked washer/dryer condo in a bathroom
    Renovation
    Can I install a washer/dryer combo in my NYC co-op?
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Gloved person working on a door lock
    Products + Services
    NYC Door & Lock Laws: Requirements & Tenant Rights
    Sponsored By Mr. Locks
    Brick NYC apartment buildings with fire escapes
    Affordable Housing
    Ask Altagracia: What are the rules for evicting rent-stabilized tenants in NYC?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask a Co-op & Condo Lawyer [ SPONSORED ]

My mother died and her board won't let me stay in her co-op while I wind up her estate—can I challenge this?

By Wagner, Berkow, and Brandt  | May 11, 2021 - 12:30PM
image

Wanting to avoid a costly NYC hotel bill when coming to pack up a loved one's co-op and wind up their estate is not an unusual request.

iStock

My mother died—she lived alone—and her co-op board is not letting me stay in her apartment while I clean it out and wind up her estate—can I challenge this?

“These situations are very common,” says Ian Brandt, partner at the real estate law firm Wagner Berkow & Brandt. “Not only is an executor or administrator of the will dealing with the unfortunate death of the shareholder but often they are coming to New York from out of town, only to be told by co-op management that its board has authority to deny their use of the dwelling.” 

Brandt says you can successfully challenge a co-op board that won’t allow an estate administrator or executor to stay in the co-op apartment while the estate is wound down. In fact, every co-op proprietary lease has a built-in right to allow an executor to do just that. 

“It’s not discretionary—the board has no power to say ‘no’ to this. Executors have statutory authority to take possession of the decedent’s real property to administer the estate and co-op proprietary leases recognize this,” Brandt says. 

The power of the co-op board

Co-op boards in New York City are known to have considerable power. Even though there are efforts to make the process more transparent, boards can still reject a potential buyer without giving a reason. They can also deny your renovation plans and decide whether or not you can refinance. 

However, co-op boards have no authority to deny a shareholder’s executor access to fully use the apartment for dwelling purposes while it is being cleaned out and prepared for sale, or getting it ready for transfer to another family member, depending on the wishes of the decedent. “Providing an executor with a finite but reasonable number of days in which to get the work done should not be contentious,” Brandt says.

He points out that every proprietary lease states that an executor gets the same rights as a shareholder. In a recent case, Brandt was able to reach a settlement with a board who were vehemently opposed to a deceased shareholder’s executor staying over. 

“In the end, we came to an agreement with the building, which allowed my client a prearranged number of overnights in which to clear out the apartment,” Brandt says, enabling them to avoid the additional expense of staying in a hotel while they prepared the estate.  

Every lease has this provision

In effect, an executor with keys to the shareholder’s apartment could access the apartment without consulting the board. However, this move will likely be challenged. 

In fact, every lease makes clear that wherever the term “tenant shareholder” or “lessee” appears, it also means executor or administrator. “The executor gets exactly the same rights as the shareholder and the board cannot impose a limitation,” Brandt says. 

It does, however, mean the executor is responsible for the maintenance and any unpaid fees.

“It’s a game-changer for anyone who is struggling to wrap up a relative’s estate as efficiently as possible with the least expense incurred,” Brandt says.

Ian Brandt is a partner at the New York City real estate firm Wagner, Berkow & Brandt. To submit a question for this column, click here. To arrange a free 15-minute telephone consultation, send Ian an email or call 646-780-7272.

You Might Also Like

image
Live A waste water line backed up and flooded my apartment. My homeowner’s insurance denied coverage—can I challenge this?
image
Renovation Our building is planning a major renovation—how do we create a construction contract?
image
Live Our co-op board hasn't held a shareholders meeting or an election in three years. What are our next steps?

 

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask a Co-op & Condo Lawyer boards co-op board Co-ops lawyers
BRICK’S PICKS
three-bedroom condo in Brooklyn Heights asking $2.895 million
How much does moving to the suburbs cost vs. staying in NYC?
NYC brownstones
You bought a NYC townhouse. How are you going to manage it?
Apartment buildings in Lower Manhattan
Which repairs are co-op and condo owners responsible for? What do buildings take care of?
stacked washer/dryer condo in a bathroom
Can I install a washer/dryer combo in my NYC co-op?
one-bedroom unit at 365 West 23rd St.
A pied-à-terre purchase checklist: What to consider if you're buying a part-time place in NYC
A kitchen with stainless steel appliances and counter tops and wood floor
11 things NYC landlords are required to provide, and 11 they’re not that might surprise you
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS