Q. A co-op owner purchased her unit in 2005 and has been subleasing it to the same tenant since 2011. The co-op board recently passed an amendment to the bylaws that states that an owner cannot sublease a unit for more than two years, and…
Q. I have lived in a Mitchell-Lama co-op since 1992 and never received a copy of the complete house rules. I have been assaulted by a neighbor’s husband; he is not a tenant on record yet lives here and is a very dangerous person. Does the…
According to Robert’s Rules of Order Newly Revised in Brief (2005), “The holding of assemblies of the elders, fighting men, or people of a tribe, community, or city to make decisions or render opinion on important matters is doubtless a cus…
Q. Can married couples serve on the co-op board at same time? —Concerned Stakeholder A. “Unless specifically prohibited in the corporate documents or bylaws,” says attorney Adam Leitman Bailey of Adam Leitman Baile…
Q. A co-op owner purchased her unit in 2005 and has been subleasing it to the same tenant since 2011. The co-op board recently passed an amendment to the bylaws that states an owner cannot sublease a unit for more than two years, and it a…
Q. I live in a three-flat condo. Before I purchased the second floor, the owner of the third floor opened up the wall to the porch, enclosed the porch, and claimed it as living space. It has since been cited by the city and must come down…
Q. What should you do as an owner if you know of a small subset of owners in your condo that keep bringing coordinated and meritless legal actions, and even make public postings about your building that could harm your own valuation? Are …
Q. I have lived in a Mitchell-Lama co-op since 1992 and never received a copy of the complete house rules. I have been assaulted by a neighbor’s husband; he is not a tenant on record yet lives here and is a very dangerous person. Does the…
Q. My question refers to how many handicapped parking spaces must reserved in a particular co-op or a condo. Is there any legal requirement to set aside a certain number of spaces? Must a multiple dwelling with parking spaces used exclusi…
The greatest changes in cooperative and condominium law this past year did not come from the legislature or from the courts but from the New York Attorney General’s office (NYAG). This article will review some of those changes and the most…
This past June, the New York State Legislature and Governor enacted into law a sweeping overhaul of landlord-tenant relations throughout the State; just a few days later, these same powers enacted amendments to those amendments. While relat…
Editor's note: This article is Part 1 of a two-part series from the authors examining some of the many legal questions and considerations raised by the global pandemic for co-op, condo, and HOA boards, as well as landlords and building owne…
Editor's note: This article is Part 2 of a two-part series from the authors examining some of the many legal questions and considerations raised by the global pandemic for co-op, condo, and HOA boards, as well as landlords and building owne…
Q On the stock certificate for our co-op, it just lists “John & Jane Smith.” Does that mean we own it “tenants by entirety” or “tenants in common?” If we want “tenants by entirety,” do we need to have it re-issued to state so? —Stockin…
Effective December 3, 2014, all residential leases in New York State now require a notice to residential tenants about the presence of absence of sprinkler systems in the “leased premises.” The new law, however, while defining what a…
Under New York law, does a landlord have a general right to inspect leased residential premises in the absence of a specific lease provision granting that right? Assuming no written lease, no specific agreement on the issue, and that th…
To reduce their potential liability from secondhand smoke-related issues, condominium and cooperative boards and landlords or rental buildings can attempt to adopt rules and bylaws or lease terms that clearly address smoking issues. (Altho…
According to a well-worn truism, "You can't fight City Hall." In the old days, that was true—particularly when it came to public works projects. If the city wanted to do it, there was no one to say 'no,' except at the ballot box, when it w…
Increasingly, those who manage residential rental, cooperative, or condominium apartment dwellings in New York are learning they must walk a fine line in setting house rules that govern the ownership and acceptance of animals in their buil…
Q What do you do when a board/board member rejects you as a prospective buyer for self-serving gain? My husband and I were in contract on an apartment where we were paying in cash, had no mortgage, could easily pay the maintenance ev…