Q&A Moving in Mom

03/04/26
Headshot of David Berkey against a blue-toned background featuring two people laughing on a couch, with the GDB Law (Gallet Dreyer & Berkey, LLP) logo and The Cooperator News New York logo displayed on the bottom left hand corner.

Q. I live in a co-op and want to move my aging mother into my guest room. Our building doesn’t allow subletting, and the board has sometimes caused headaches for shareholders who have brought in roommates over the years. I feel like this is a different situation, but want to make sure. Do I need board permission before my mom moves in? We’re also looking into her having a home health aide during the day—does that person also need any kind of clearance or approval from the board beforehand? 

A. “Most proprietary leases allow occupancy by members of the shareholder’s family. Often, the specific relationships of permitted family members are set forth in the “Use Paragraph” of the lease,” says Attorney David L. Berkey of Gallett, Dreyer & Berkey, LLP.

“A mother is typically included in the permitted family member who may occupy the apartment with the shareholder. A home aide who does not sleep in the apartment is also usually a permitted occupant as an employee or ‘servant’ of the shareholder. The cooperative’s House Rules should be checked to determine if specific rules have been adopted regarding health aides.

“The shareholder should advise the managing agent that the mother is moving into the apartment and that a health aide may provide assistance to the mother from time to time. Permission beyond that contained in the proprietary lease should not be required.”

about the attorney

David L. Berkey

Partner

For more than thirty years, Mr. Berkey has been a trusted advisor to numerous cooperative and condominium boards, banks, insurance companies and individuals. Mr. Berkey counsels his loyal clients regarding all issues pertaining to co-op and condo law, prepares their various contracts, handles their transactions and litigates their claims.

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