In an earlier article, “Can a Child Occupy a Co-op Apartment if the Parent Shareholder is Not in Residence?,” we discussed TWW’s win in Queens County Housing Court in Northridge Cooperative Section III, Inc. v. Bonilla. The question presented there was whether it is a...
New York Real Estate Legal Blog
Hope for commercial landlords as New York’s COVID eviction ban litigation continues
While the COVID-19 pandemic has caused numerous problems in all financial sectors throughout the world, New York City has been hit uniquely hard. Financially, perhaps no groups have been more affected by the pandemic than commercial landlords and tenants. The...
TWW Prevails in Obtaining Access to Neighboring Property Under RPAPL §881
TWW recently prevailed in a proceeding seeking access to a neighboring property of its co-op client’s. Under RPAPL §881, a property owner may seek a court order granting access to a neighboring property where it is necessary for construction work or repairs to its own...
Even the most expensive buildings can have construction defects
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...
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...