Throwing money at a problem is not an uncommon approach to solving problems. When it comes to construction, it is a common misconception that if you pay enough for your home, you won’t have any problems with construction defects. But this is simply not the case. In...
Year: 2021
Complex co-op disclosure laws throughout New York
Boards of directors of co-ops should be aware that there is always a claim that may be filed when an applicant for a purchaser is rejected. The general rule has always been that a co-op board may reject anyone for any reason except on the basis of discrimination...
In the wake of Hurricane Ida, we are reminded of the importance of flood insurance
Two weeks, Hurricane Ida ripped through our country with tremendous force. Hurricane Ida was a serious, deadly storm that killed and displaced many in its path. In fact, by the time the storm reached us, Ida was still taking lives in the Northeast, days after it hit...
Is a pandemic shutdown considered a “casualty” or “frustration of purpose” in a commercial lease?
As expected, the nonpayment commercial lease lawsuits stemming from New York’s COVID-related commercial shutdowns are starting to pour in and will further increase once the eviction moratoriums end in January 2022. Businesses which have been facing tremendous...
How should New York co-ops handle COVID-19 masking and vaccinations?
While so many people were hopeful that mass vaccinations would be the end of Covid restrictions, the increase in cases tied to variants and the ongoing inability to vaccinate children under twelve continue to leave issues and concerns in all fields. Buildings need to...
What is the difference between residence and domicile?
Many co-ops require that tenant-shareholders use their apartments as their primary residence. This obligation is usually set forth in the proprietary lease, occupancy agreement, or other contracts or regulations governing the use of the Apartment, such as...
How will New York’s eviction moratorium extension impact landlords and tenants?
The COVID-19 pandemic has impacted every facet of life throughout the world, from a single individual to federal governments and international organizations. Among the most densely populated cities in the country, New York has been hit particularly hard. The City and...
Applicability of New York City’s “Pet Law” to condominiums
New York City’s so-called “pet law” prevents an owner from enforcing a “no-pet” provision in a lease unless, within three months of discovering the pet, the owner commences a case (usually an eviction proceeding in housing court) to enforce the provision. This...
Can a co-op shareholder or condominium unit owner access records?
The battle for access to a co-op’s or a condominium’s books and records has been going on for many years. If a shareholder has a suspicion of wrongdoing, mismanagement or other problems, does that person have carte blanche access to the organization’s books? Even if...
A late fee by any other name is still a late fee
“I’m sick to death of cleverness. Everybody is clever nowadays.” Oscar Wilde wrote for his protagonist Jack Worthing in “The Important of Being Earnest”. It’s as true today, as it was in 1895. And just as it did for the characters of Wilde’s play, this practice can...