By Adam Leitman Bailey, Leonard Ritz and Dov Treiman Jan. 15, 2013 — In the aftermath of superstorm Sandy, many condo and co-op board members have been facing unprecedented challenges, with little experience to guide them. In the first of two installments today, three leading attorneys answer eight questions at the top of every affected board Full Article…
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The Metamorphosis of the Environmental Control Board
By Adam Leitman Bailey and Dov Treiman When coauthor of this article (Bailey) learned how to conduct real estate trials as a young lawyer in Supreme and Civil Courts, the Environmental Control Board (ECB) was where he spread his wings as a trial attorney. While other practitioners joked that the place was a kangaroo court Full Article…
Use Six Arguments to Beat Sanitation Violations
One big headache for many owners is getting hit with violations from the city’s Department of Sanitation (DOS). These violations include not keeping the sidewalk in front of your building clean, not sweeping 18 inches into the street, and not properly maintaining garbage receptacles. And now that DOS has raised the minimum base fine for Full Article…
Money (That’s What I Want),Habitat
The 16-unit East Village co-op has come a long way. Many shareholders have been there from its days as a down-and-out rental building, through its conversion to a Housing Development Fund Corporation property to the present. Now, as a strong, self-managed co-op in a hot neighborhood, the prices of apartments have skyrocketed. The shareholders are Full Article…
Court Ruling Makes Some Evictions Easier
By JAY ROMANO A decision by a New York appeals court has resulted in a major change in how eviction cases involving tenants in illegal apartments are handled in Brooklyn, Queens and Staten Island. The decision, binding on lower courts in those boroughs, allows landlords to use Housing Court — rather than the state’s trial Full Article…
Appellate Division Finds that Condo Board Not Liable For Repairing Newly Constructed Building
On November 8, 2009, the Appellate Division ruled that a building’s developer and not a condominium board shall be responsible for making repairs to a newly constructed building. In Lorne v. 50 Madison Avenue LLC, a unit owner sued the board of directors for failing to remediate a construction defect. A unanimous Appellate Division dismissed Full Article…
Post-Sandy Landlord-Tenant Questions and Answers About Your Apartments
By: Adam Leitman Bailey & Dov Treiman March 20th, 2013 Q: Is there any difference in the law between how regulated and unregulated apartments are handled when the tenant cannot live there because of storm damage? A: Rent regulation makes almost no difference in the legal treatment of storm damaged or destroyed apartments. In unregulated Full Article…
Are Buyers of New Condos and Co-ops Subject to Caveat Emptor?
BY ADAM LEITMAN BAILEY AND JOHN M. DESIDERIO Before purchasing a condominium or cooperative apartment in a newly built high rise of six or more stories in New York, a prospective buyer needs to pay close attention to the warranty provisions of the sponsor’s offering plan and purchase agreement. Unless the agreement contains the sponsor’s Full Article…
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