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Adam Leitman Bailey, P.C. Prevailed Into Allowing Family Into Cooperative Unit Despite Cooperative’s Claim That Subletting Rules Denied Entrance

A Murray Hill co-op board tried to block a son, daughter-in-law, and grandchild from moving back into their family home. When the movers came and the building staff was instructed not to let the family’s belongings into the elevator, the family called Adam Leitman Bailey, P.C.

The firm’s client had several generations living together in neighboring units of this Murray Hill Co-op so that the grandparents could help raise the children. When the son and his wife had a baby, he planned to move back home as well so that the baby could be looked after by his grandparents. Despite letting other adult children in the building move in, the co-op board decided that Adam Leitman Bailey, P.C.’s client would need to go through the co-op admissions process to live in the same home where he was born. Not only had the son lived on and off in the building, alone and then later with his wife, for over thirty years, but the board’s decision conflicted with the proprietary lease which permits children and grandchildren to live at home. In addition to trying to subject this particular family to the co-op’s admissions process, the board said that if approved, the son would be treated as a subtenant, adding ten percent to the family’s maintenance and limiting his time back at home to three years.

Adam Leitman Bailey, P.C. prevailed in securing the apartment for the family. Not only was the couple allowed to move back home with their baby without any additional costs, but also the co-op had to reimburse them for some of their expenses in having the move delayed. Within days, the two-year-old baby was playing with his grandparents in his new home.

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