Dennis Greenstein Published in Manhattan Market Watch
"Occupancy Rights And Issues In Cooperatives"

Dennis Greenstein's article, "Occupancy Rights and Issues In Cooperatives," was published in the April 2010 issue of Manhattan Market Watch. In his article, Dennis examines a proprietary lease and applicable statutory and case law to find out what a co-op board and its managing agent can do to determine if occupying an apartment without consent or notification is permitted. Dennis points out individuals are staying in apartments for periods of a few days to a few months without the consent of the board or notification to the managing agent or building staff.

According to Dennis, "One of the relevant paragraphs in most proprietary leases covering occupancy rights of an apartment is customarily paragraph 14, entitled 'Use Of Premises.'" He explains that it typically "permits the shareholder and his or her family members to reside in the apartment with the shareholder. However, there are some leases which are not specific or clear in defining the permitted occupants." Dennis further explains the terms that can be added to the "use" clause to help clarify the persons who have the right to occupy the apartment and the conditions of such occupancy. Additionally, he examines the "Roommate Law," which notes that a tenant may occupy his or her apartment with the members of his or her immediate family, plus one roommate and the roommate's dependent children.

He concludes that "amending the proprietary lease can go a long way to clarify the rights and obligations of the shareholders and the cooperative corporation." Further, he adds that consistent policies in compliance with applicable laws will reduce confusion about what is permitted.