Tane Waterman & Wurtzel, P.C. Tane Waterman & Wurtzel, P.C. 2026-06-25T13:10:37Z https://www.tww.nyc/feed/atom/ WordPress /wp-content/uploads/sites/1103972/2019/02/og-img-2018-11-23-05-37-21-75x75.jpg On Behalf of Tane Waterman & Wurtzel, P.C. <![CDATA[Can a condo or co-op board enforce a rule it has not enforced for years?]]> https://www.tww.nyc/?p=49098 2026-06-23T14:38:44Z 2026-06-25T13:10:37Z Yes, boards may be able to enforce existing rules A condo board may be able to enforce an existing rule even if previous boards rarely or never enforced it. In many cases, the rule remains part of the governing documents until the board amends or removes it through the appropriate process. The mere passage of time does not necessarily eliminate a board's authority to rely on a rule that remains in effect especially if the corporate documents such as the by-laws or the proprietary lease contains a no-waiver clause.  However, the failure to enforce a rule may be an indication to a court that violation of that rule should not be considered a substantial violation of the documents.

Consistent enforcement matters

Consistent enforcement becomes especially important when a board decides to revisit a rule it has not regularly enforced. If you begin enforcing a restriction against some owners while overlooking similar conduct by others, you may create confusion and invite disputes about fairness, discrimination or disparate treatment of owners. For that reason, boards often benefit from establishing a clear approach and applying it uniformly once they decide to move with enforcement.

Clear communication can ease the transition

Clear communication can help reduce misunderstandings when a board starts enforcing a rule that residents have grown accustomed to ignoring. Although governing documents may not require advance notice that a rule will again be enforced, providing notice of renewed enforcement can help residents understand what the board expects and when those expectations will take effect. Taking that step may encourage cooperation and help prevent avoidable conflicts within the community. A good example of this may be where a board has not strictly enforced the carpeting requirement but, based upon increased complaints of noise, decides it should be enforced.

Before enforcing an old rule

Just because a rule has gone unenforced for years does not necessarily mean it’s no longer valid. If you are considering enforcing it, reviewing your governing documents and seeking legal guidance can help you avoid missteps. A little preparation now can save a great deal of frustration and litigation later.]]> On Behalf of Tane Waterman & Wurtzel, P.C. <![CDATA[Are co-op boards required to approve all accommodation requests?]]> https://www.tww.nyc/?p=49093 2026-05-31T15:42:01Z 2026-05-26T13:24:35Z What qualifies as a reasonable accommodation under New York law? A reasonable accommodation is a structural change or policy that supports equal use of housing for a resident with a disability. It addresses specific barriers that affect daily living within the building. Common examples include granting a policy exception, such as allowing an emotional support animal despite a "no-pets" policy. In some cases, it may require physical changes by adding a ramp or moving an individual to the top of the parking lot waiting list. Under the Fair Housing Act, boards must give every request a thorough review. Legal duties may arise when the request is needed to support equal access to housing. However, this does not mean automatic approval. The change must also fit within the building’s existing structure and operations.

When can a board deny an accommodation request?

Under New York state and local laws, a co-op board may deny a request if it establishes that the accommodation would cause an undue hardship to its operations. This may entail proving that the change would cause significant financial cost or major disruption to building services. To prevent housing discrimination claims, boards must ensure non-discriminatory reasons for a denial. A careful review of the request is essential to ensure compliance with New York fair housing standards.

How should a board assess accommodation requests?

The Fair Housing Act allows boards to request supporting information when an accommodation need is unclear. This may include a note from a healthcare provider confirming the disability and the accommodation need. However, boards generally cannot ask for certain diagnoses or unrelated personal medical information. New York City also requires boards to have a cooperative dialogue with the resident before issuing a denial. This process helps clarify the request, explore possible solutions and ensure all relevant information is considered.  The failure to engage in a cooperative dialogue is itself a discriminatory act under NYC law.

Managing accommodation requests effectively

Fair housing compliance requires more than responding to a request as it arises. Rushed or inconsistent decisions by a board may lead to discrimination claims or disputes. In such cases, legal counsel may help guide the board before it issues a final response.]]> On Behalf of Tane Waterman & Wurtzel, P.C. <![CDATA[What large landlords need to know about NYC lease enforcement]]> https://www.tww.nyc/?p=49090 2026-05-18T07:30:57Z 2026-04-27T14:39:08Z What triggers your right to act and when Your lease defines the events that constitute a default: nonpayment of rent, violation of permitted use restrictions, unauthorized subletting and abandonment. New York law establishes the grounds on which a landlord can bring a summary proceeding against a commercial tenant. The lease language and the predicate notice you serve before filing determine whether that proceeding survives a legal challenge. Most commercial leases require you to serve a written notice of default and give the tenant a cure period before you can escalate. Skipping or improperly serving that notice, even against a tenant who is clearly in breach, can result in dismissal of your proceeding and force you to restart entirely. In a New York City Civil Court calendar, that delay is not a minor inconvenience. It is months of additional exposure.

The enforcement options available to you

Once you satisfy the predicate notice requirements, you have three main enforcement paths, and choosing correctly depends on what outcome serves your portfolio best:
  • A summary nonpayment proceeding moves faster than a plenary action and focuses specifically on recovering possession and unpaid rent. This is the most common route for commercial landlords dealing with a tenant in payment default.
  • A holdover proceeding applies when a tenant remains in possession after a lease expires or after you terminate the tenancy for cause. The notice requirements differ from a nonpayment proceeding, and the timeline varies based on the specific grounds for termination.
  • A plenary action in Supreme Court is appropriate when the dispute involves complex contractual issues beyond possession and rent.
Choosing the right proceeding for your specific situation affects both the speed of resolution and the scope of what you can recover.

The strategic layer most landlords overlook

Lease enforcement in a large commercial portfolio is not only a legal question. It is a business decision that affects your relationship with your broader tenant base, your property's market reputation and your exposure to counterclaims. New York courts take landlord conduct seriously, and a tenant's attorney will scrutinize your building's violation history, maintenance records and prior communications when mounting a defense against your proceeding. An attorney familiar with New York City commercial real estate litigation can help you assess which enforcement path fits your situation, structure your predicate notices correctly and anticipate the arguments a tenant is likely to raise before you file. Getting that assessment before you act protects both the proceeding and the portfolio behind it.]]> On Behalf of Tane Waterman & Wurtzel, P.C. <![CDATA[Is your NYC board prepared for the Co-op Admission Timings Law?]]> https://www.tww.nyc/?p=49076 2026-04-23T22:06:32Z 2026-02-26T08:32:48Z Boards must adopt a written transfer requirement policy A co-op must create and maintain with its application, written “transfer requirements” which means the complete list of requirements, documents, information, forms, fees, disclosures, and procedural steps that a co-op requires a prospective purchaser or seller to satisfy in connection with a sale. The transfer requirements must be provided to the prospective purchaser, their agent, or the seller promptly upon request. The statute does not require a prospective purchaser to have signed a contract in order to make the request for the “transfer requirements.”

The 15-day completeness acknowledgment

Within 15 days of receiving an application, the board or managing agent must provide a written acknowledgment sent via email and registered mail. In this notice, you must explicitly state if the package is complete or provide a detailed list of the exact missing documents. If the co-op does not provide such written acknowledgment within the fifteen-day period, the application will be deemed to be complete.

The 45-day decision window

Once an application is complete, the board has a strict 45-day window to provide written notice of its consent. It is worth noting that the law (Local Law 58 of 2026) does not grant automatic approval to a buyer if a board misses this deadline. Instead, the law shifts the focus to administrative accountability. If a board fails to comply with these timelines, a complaint may be filed with the NYC Department of Housing Preservation and Development (HPD).  A short extension of tis time period is possible.

Pre-existing summer recess policies

The 45-day rule is not absolute during the summer months. If your board does not meet during July or August, you may pause the review clock. However, this exception is not a discretionary "pause" you can apply at will. To be valid, your board must meet these specific criteria:
  • Document the policy: The summer recess (which is limited to the months of July and August) must be contained in a written policy maintained in your building's official records.
  • Disclose upfront: You must provide the notice to the applicant  as part of the transfer requirements detailed above.
  • Specify dates: The notice must identify the exact dates of the recess window.
If you do not meet these conditions, you cannot unilaterally invoke a summer recess once an application is already in progress.

The tiered penalty structure

Non-compliance with these new timelines can lead to civil penalties issued by HPD. The law establishes a tiered fine system based on the frequency of violations:
  • First violation: $1,000
  • Second violation: $1,500
  • Subsequent violations: $2,000 each

Ensuring board compliance

Not all cooperatives are subject to this requirement.  Small buildings under 10 units, HDFC's and Mitchell-Lamas are not subject to this process. Establishing a clear and vetted checklist builds a professional path that can shield the building from financial penalties and lawsuits. Consider speaking with an attorney to review your current application and procedures and formalize your summer recess policy before the July 28 deadline.  ]]> On Behalf of Tane Waterman & Wurtzel, P.C. <![CDATA[Renew or replace a commercial tenant: Key considerations]]> https://www.tww.nyc/?p=49072 2026-01-23T15:00:46Z 2026-01-28T14:09:36Z Many New York co-op and condo buildings rely on income from ground-floor commercial tenants. A pharmacy, café or small grocery store can help support the budget and make life easier for residents. When a lease is nearing its end, boards must decide whether to renew with the current tenant or look for a new tenant.

Evaluating the current tenant's impact

Before signing a new lease, boards should look at the tenant's history. Financial stability is the most important factor. Has the tenant paid rent on time? A tenant who struggles to pay can create a financial risk for the entire building.  The same is true as to the tenant's business model.  Is the tenant engaged in a sustainable business model; while Blockbuster was once an ideal tenant; its value cratered as technology changed. Boards should also think about quality-of-life issues. In New York, commercial spaces can sometimes cause problems with noise, smells or trash. If residents often complain, renewing the lease might lead to more stress. However, a tenant who follows the rules and communicates well is a great asset.

Risks and opportunities of a new tenant

A new tenant can bring fresh benefits, such as higher rent or a service residents really want. In busy New York neighborhoods, a good space can attract many interested businesses. However, new tenants also bring risks. A new business might fail or contractors could disturb the building during buildout. In New York, commercial tenants do not have a legal right to a renewal unless the lease specifically provides for one. This means boards usually have the freedom to choose a new tenant or raise the rent to market rates once the old lease ends. While boards have this power, they must act in the building's best interest. People call this the business judgment rule. Making a choice based on clear financial or operational goals helps protect the board from legal trouble.

Conclusion

Choosing whether to renew or replace a tenant is a big decision. It affects the building's finances and residents' happiness. For volunteer board members, talking to a lawyer is a smart step. An attorney may help review the lease terms and help the board follow the right steps to avoid problems later.]]> On Behalf of Tane Waterman & Wurtzel, P.C. <![CDATA[How rent escalation clauses affect small businesses in NYC leases]]> https://www.tww.nyc/?p=49067 2025-12-29T20:04:39Z 2025-12-29T09:28:37Z Rent increases can catch small business owners off guard, especially in New York City’s competitive commercial real estate market. Many leases include rent escalation clauses that let landlords raise rent over time. These increases can have a direct impact on your monthly budget and long-term planning if you are not aware of how they work.

What is a rent escalation clause

A rent escalation clause explains when and how your rent can go up during the lease. These clauses are common in New York City commercial leases and often take different forms, with annual increases of around 3% being a typical structure. New York State does not have a law that limits rent increases in commercial leases. Landlords and tenants have wide freedom to agree on escalation terms. The agreement must still follow basic contract rules like acting in good faith and avoiding fraud. Very rarely, courts may reject terms as unfair. Commercial leases can include rent below market rates or steep increases if both sides agree. Escalation clauses do not have to match the landlord’s actual costs exactly. Many landlords, however, tie increases to verifiable expenses like property taxes, insurance or utilities.  There is also no prohibition on a landlord allocating expenses across multiple tenants which result in recovery of more than the actual increase the landlord is paying.  In a commercial situation, the lease rules and the courts will enforce such agreements.

Rent escalation types in New York leases

Different clauses affect your business in different ways. Some of the most common include:
  • Fixed increases: Raises rent by a predetermined amount or percentage each year
  • Operating expense pass-throughs: Makes you responsible for a share of building costs such as taxes insurance and maintenance
  • Index-based increases: Ties rent to economic indicators like the consumer price index
  • Market adjustment clauses: Allows landlords to set rent according to current market rates
Identifying which type applies to your lease gives you a clearer picture of potential costs and helps you negotiate more favorable terms.

Planning for rent increases strategically

Reviewing escalation clauses carefully and asking specific questions can protect your business and budget. You might negotiate caps on increases, request more transparency about expenses or percentage allocations or seek longer fixed rent periods. Paying close attention to these details positions you to manage costs effectively and maintain stability in New York City’s challenging commercial rental market.]]> On Behalf of Tane Waterman & Wurtzel, P.C. <![CDATA[Must you waive a no-pets policy for an ESA in NYC?]]> https://www.tww.nyc/?p=49062 2025-12-01T00:12:51Z 2025-12-01T04:24:39Z The law vs. your building's policy Federal, state and local anti-discrimination laws treat a valid emotional support animal not as a pet, but as a medical necessity (or, in NYC, medically beneficial, a much lower standard). This is similar to a guide dog. The primary laws at play are the federal Fair Housing Act (FHA), the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). All three statutes require housing providers to provide "reasonable accommodations" in rules or policies. This is necessary to allow a person with a disability an equal opportunity to use and enjoy their home. The NYCHRL is highly protective of tenants. Because of these laws, your "no-pets" policy cannot be used to automatically deny a legitimate request.

What is a "reasonable accommodation"?

Housing providers can verify that a request is legitimate. A resident generally must provide documentation from a healthcare or mental health professional that confirms two things:
  • The resident has a disability, as defined by the law
  • The animal provides support that alleviates one or more symptoms or effects of that disability and allows the individual to enjoy the benefit of their apartment.
You must establish a "nexus" between the disability and the animal's role. You cannot ask for a specific diagnosis, only confirmation that a disability exists and the animal serves the stated function.

Are there any exceptions?

While legal protections for residents are strong, approval is not automatic. A housing provider may be able to deny a request if it falls into a few narrow exceptions. These include situations where he request:
  • Imposes an undue financial or administrative burden on the provider (very difficult to prove in an ESA situation);
  • Cause a fundamental alteration to the nature of the housing;
  • Pose a direct threat to the health or safety of others (based on the specific animal's conduct, not its breed)
  • Result in significant property damage
A denial must be based on the individual animal's conduct, not its breed or size. Simply having a "no-pets" policy is not a valid defense against a legitimate reasonable accommodation request.  It should be noted that just because an animal qualifies as an ESA, it is not exempt from the nuisance requirements of the building; for example, it cannot constantly bark or bite its neighbors.

Evaluating the resident's documentation

After receiving a request, you must evaluate the provided documentation. You can ask for verification from a medical professional but not specific medical records. Distinguishing valid requests from illegitimate online "certificates" is a major challenge. Merely registering the dog as an ESA online is not sufficient to prove that you are entitled to keep it as an ESA.  The Department of Housing and Urban Development (HUD) offers guidance on assessing these requests. If unsure about a request's legitimacy, consider seeking legal guidance.  ]]> On Behalf of Tane Waterman & Wurtzel, P.C. <![CDATA[Handling noise, smoke and nuisance complaints in NYC]]> https://www.tww.nyc/?p=49057 2025-11-09T19:08:24Z 2025-11-10T06:22:39Z As a co-op or condo board member in New York City, you’ll likely encounter complaints about noise, smoke or other nuisance conditions. Loud music, cigarette smoke drifting between units or noisy neighbors all require you to balance resident harmony with your legal and contractual obligations.  Living in an apartment building in New York City means you will need to tolerate a certain amount of these conditions but the standard is whether any of these conditions have become objectively unreasonable.

Your duty to act

Your governing documents like proprietary leases for co-ops and bylaws for condos require you to ensure that residents do not interfere with the quiet enjoyment of their neighbors’ homes. If you ignore complaints, you risk exposing the board to claims that it failed to enforce building rules or uphold its fiduciary duties. At the same time, New York courts apply the Business Judgment Rule, giving you wide latitude in resolution of the complaint so long as your decisions are made in good faith, within the scope of authority and in the building’s best interests. This protection makes it critical to document your process when handling nuisance claims.

How to establish clear standards

Your first step in effective enforcement is clarity. House rules and policies should clearly define what counts as excessive noise, smoking restrictions or other nuisance behaviors. For example:
  • Setting quiet hours, floor covering requirements or music limits for noise.
  • Establishing smoking restrictions, ventilation standards or exhaust system rules for smoke and odors.
  • Defining permitted work hours and dust or odor controls for construction.
Well-drafted rules reduce ambiguity and make enforcement more simple for you and your fellow board members.

How to investigate complaints

When you receive a complaint, take it seriously but avoid rushing to judgment. A balanced process helps ensure fairness when you:
  1. Acknowledge the complaint and let the affected resident know you are reviewing it.
  2. Gather facts by requesting written statements, incident logs or staff reports. Are multiple residents complaining about noise from a neighbor or is it only one?  If possible, have management or a board member go to the complaining apartment to independently determine if the condition is unreasonable or excessive.  
  3. Notify the alleged violator and give them an opportunity to respond.
  4. Evaluate the evidence against your governing documents and applicable laws.  Are the complaining neighbors prepared to come to court if necessary to testify about the alleged condition?
This structured approach demonstrates fairness and reduces the risk of claims that your board acted arbitrarily.

Choosing the right enforcement tools

When a violation is confirmed, you have several enforcement options, ranging from informal to formal. Sometimes a phone call or letter is enough to resolve first-time issues, while written warning notices citing the relevant lease or bylaw provision may be appropriate for repeat concerns. If your governing documents allow, you may impose fines or fees for ongoing violations. In more serious or persistent cases, you might consider pursuing legal action with advice from counsel. Always consult your building attorney before initiating litigation or seeking to terminate a shareholder’s proprietary lease.

Resolve disputes without conflict

Noise, smoke and nuisance complaints are more than legal issues, they are interpersonal conflicts. Clear standards, a fair process and measured enforcement allow you to resolve disputes while maintaining community harmony and protect your building from legal risk without creating further conflict.]]> On Behalf of Tane Waterman & Wurtzel, P.C. <![CDATA[3 ways for condo boards to address owner non-compliance]]> https://www.tww.nyc/?p=49055 2025-09-18T11:03:07Z 2025-09-18T11:03:07Z 1. Assess fines Community bylaws often include a fine system that may include different financial penalties for various rule violations. These fines are in addition to the monthly fees paid for the maintenance of condominium facilities. Late fees and financial penalties for hosting late-night parties that disrupt the rest of other property owners can serve as deterrents for future misconduct and penalties for recent misbehavior.

2. Restrict amenity access

Condominiums often provide an assortment of different amenities to residents. There might be a courtyard with a playground for children, an indoor swimming pool or a gym with various exercise equipment. Restricting access to the most valuable and popular amenities can be an appropriate response when residents have failed to pay their monthly fees or have unpaid fines for other rule violations.

3. Seek and enforce a lien

State law permits condominium associations to request liens when property owners don't pay fines and fees on time. A lien prevents the owner from selling the property or transferring their ownership to another person until they pay what they owe. In scenarios where a lien does not lead to prompt payment, condominium associations can potentially foreclose on the lien to force the owner into compliance. Consistently enforcing rules is critical for the preservation of a condo association’s authority. Board members may need to take prompt action, including escalating their enforcement efforts, when owners do not pay what they should and adhere to community rules.]]> On Behalf of Tane Waterman & Wurtzel, P.C. <![CDATA[Handling commercial real estate transactions in New York]]> https://www.tww.nyc/?p=49052 2025-08-28T14:57:35Z 2025-08-28T13:04:50Z Commercial real estate moves fast, involves high-value assets and leaves little room for mistakes. From office towers in Manhattan to retail and industrial spaces across the boroughs, every deal brings growth opportunities but also risks that can derail progress. Buyers, sellers, landlords and tenants face strict regulations and complex negotiations. Managing these challenges requires both business insight and a strong legal strategy.

The scope of commercial real estate deals

Commercial real estate transactions often involve large investments and detailed requirements. Deals may include purchases, sales, development agreements or long-term leases. Each one carries legal, financial and regulatory obligations that demand careful attention. For investors, landlords and tenants, success depends on recognizing both the opportunities and risks of the market.

Key considerations in transactions

Every commercial real estate deal requires a close review of several factors. Due diligence confirms a clear title, evaluates the property’s condition and uncovers potential liabilities. Contract terms must reflect each party’s goals while protecting against risk. Zoning and land use compliance can affect value and permitted uses. Financing is also central, often requiring coordination among lenders, investors and property owners.

Lease negotiations and structuring

Commercial leases in New York can be complex, with terms covering rent, renewals, operating expenses and tenant improvements. Both landlords and tenants must pay attention to how responsibilities are divided, especially for maintenance, insurance and compliance with city regulations. Well-structured leases provide stability and financial predictability for both sides.

The role of legal counsel

Experienced attorneys add significant value to commercial real estate transactions. They identify risks, ensure compliance and negotiate favorable terms. In every transaction, legal counsel is essential for drafting agreements that protect parties’ interests and maintain progress. Proactive legal guidance helps prevent disputes and smooths the closing process.

Strategic guidance for investors

For investors, legal considerations must align with broader portfolio goals. Acquisitions, sales and leases should support long-term returns and manage risk. Attorneys who understand both the legal framework and the business objectives of investors can provide strategies that foster growth and stability.

Staying ahead in a competitive market

New York’s commercial real estate market is competitive, with opportunities and risks often developing simultaneously. Making informed decisions requires market awareness and reliable legal support. If you are planning a commercial transaction, consider consulting with an attorney who can protect your interests and help advance your business goals.]]>