Home | Contact Us | FAQ | Search & Site Map | Link to Us
Sign In | Join | Other 45 Sites in Network
Home
Discussion Groups
General
GeneralCardiologyVisionDentistryPharmacyLaboratoryNutritionAlternative
Diseases and Disorders
AIDSAlzheimer'sArthritisAsthmaCancerBreast CancerDiabetesEpilepsyGlaucomaHepatitisHerpesLupusProstate BPHProstate CancerProstatitisSinusitisTinnitus

Medical Forum / Diseases and Disorders / Alzheimer's / November 2006

Tip: Looking for answers? Try searching our database.

Legal question

Thread view: 
Enable EMail Alerts  Start New Thread
Thread rating: 
tripley@aol.com - 24 Nov 2006 23:45 GMT
First I would like to thank all the participants of this NG for
helping my family and I a couple of years ago regarding my father's dementia

Dad was still driving then and everyone promptly told me to get rid of the
car (no easy task).

We finally found a assisted living facility in Dec 2004 in Huntington NY
which is close to
us, so far everything was working fine till today when we received an
eviction notice claiming
that we are illegally occupying the apartment and that my father does not
live at is primary residence anymore
We seem to fit all the requirements for succession rights except for the((
one year time period);  we are
shy  a couple of month of the requirement,(my husband is a senior citizen
allowing for the 1 year requirement only, dixit NYC housing gov).

Any thoughts about getting around this problem ?.

We want to keep the apartment so that we can monitor
Dad's condition as well as take care of his everyday affairs,we have only
this apartment .
It probably would be financially impossible to stay in NY if we lost the apt
considering we already
pay for Dad's facilities

Any suggestion will be greatly appreciated

  TIA

                    ODILE
Baird Stafford - 25 Nov 2006 17:21 GMT
> First I would like to thank all the participants of this NG for
> helping my family and I a couple of years ago regarding my father's dementia
[quoted text clipped - 23 lines]
>
> Any suggestion will be greatly appreciated

If you haven't already done so - GET A LAWYER!  It may seem expensive
now, but in the long run it will save you money - and heartache.  As a
suggestion, you might tell the lawyer that although your father may not
meet the residency requirement, *you* certainly do, and you are his
primary caregiver.  Maybe a case can be built from that.

Blessed be,
Baird

Signature

Modkin of soc.religion.paganism
Modstaff of alt.religion.wicca.moderated
Newstaff, Inc. at newstaff.com

tripley@aol.com - 25 Nov 2006 19:27 GMT
Thank you for your answer,yes we are retaining an attorney that
is not a problem however I have had 4 consultations/lawyers which
came recommended by my regular business attorneys and unfortunately
I had to tell them what the law exactly is in new york city regarding our
rights of succession they (the lawyers) took umbrage to this but
we will not retain someone that has no knowledge of the not so recent basic
changes in LL/T subsidized apartments matters .
It took me 5 minutes to Google  find the laws pertaining to this matter few
weeks ago
when we suspected that this problem might arise;matter of fact someone else
had
a similar problems on this NG a couple of years ago and at that time the
feeling
was that judges were not inclined to evict a person in my father's situation
but no
slam dunk either.
Regarding the missing few months needed to make the year we cannot prove
that
we were there but than again the LL cannot in our opinion prove that we were
not
with DAD.

If anyone  could recommend  a NYC LL/T attorney or has an opinion to express
you may E-Mail us at

ODILEA100@YAHOO.COM

   Thank you

               ODILE
Adelle - 26 Nov 2006 18:21 GMT
> Thank you for your answer,yes we are retaining an attorney that
> is not a problem however I have had 4 consultations/lawyers which
[quoted text clipped - 32 lines]
>
>                ODILE

Dear Odile;

Wish we could, but I don't think any of the regulars live in NYC. Closest
are northern Jersey or Poughkeepsie area. I know NY has, in past five to ten
years, had a concerted effort to change rent control laws to favor of
removing rent controls, rather than families of tenants to maintain the
lower rent.

If we are talking about rent controlled apts, you are also looking for
atty's more linked to social services law or agencies, than those doing
business, investments, Trusts and estates, etc. It's a 'blue collar' kind of
practice, much like PI (personal injury) or workers comp. Are you looking
for the right 'class' of atty?

You might do a yellow pages search of the Manhattan book for attorneys doing
elder affairs law or LL/T. I would also imagine the NYC Bar Association also
would have a lawyer referral service, which for a smallish fee, will refer
you to an atty in that specialty.

Wish we could help more. but that is the limit of Usenet. It depends on who
else is frequenting the site. Good luck!

Adelle
(MA atty who grew up in Queens and worked for Lawyer referral service for
Bar Assn of Baltimore City during Law School)
 
Sign In
Join
My Latest Posts
My Monitored Threads
My Blog
My Photo Gallery
My Profile
My Homepage

Start New Thread
Enable EMail Alerts
Rate this Thread



©2008 Advenet LLC   Privacy Policy - Terms of Use
This website includes both content owned or controlled by Advenet as well as content owned or controlled by third parties.