The Housing Stability Tenant Protection Act (HSTPA), enacted by New York State in 2019, was never met with much favor among landlords, including by the boards and management of buildings which are operated as cooperatives. The law was intended primarily to govern...
New York Real Estate Legal Blog
What can you do if your commercial lessee is not paying rent?
One of most common problems any landlord will face involves nonpayment of rent by their tenants. There is substantial overhead and risk involved in leasing commercial property in New York City. When a lessee is not paying rent, you could have serious problems on your...
TWW’s Win on Concurrent Occupancy Affirmed on Appeal
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...
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...