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Recovering Damages From Water Diversion

  • Adam Leitman Bailey, Eric S. Askanase, New York Law Journal, Real Estate Litigation

The history of real property law is replete with litigation over how one property owner’s assertion of its rights to control and adapt their property impacts their neighbors. These cases usually involve damage to a neighboring property resulting from acts of so-called trespass—which might better be termed a nuisance—one of the most common being damage  Full Article…

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Coop Estate Requirements

  • Condominium & Cooperative Board & Building Representation, condominium & cooperative litigation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Condominium & Cooperative Representation, Condominium and Cooperative Discrimination, Rosemary Liuzzo Mohamed

By Rosemary Liuzzo Mohamed Our firm represents several Coop buildings in New York City in connection with closing the sales of their units. When the seller of a unit is the shareholder’s estate, we are often asked for coop estate requirements to sell. Here is a brief but thorough summary of what most coops will  Full Article…

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NY Real Property Law § 339-ee

  • Mortgage Finance Practice Group, Zoe Tsicalos

NY Real Property Law § 339-ee allows for a tax credit to developers of condominiums. When a sponsor is developing a condominium they will pay a mortgage tax on the underlying construction or blanket mortgage that is used to develop and build the condominium. Purchasers will receive a credit for the mortgage tax paid by  Full Article…

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Lawful Source of Income Anti-Discrimination Laws as Applied to Rentals

  • Adam Leitman Bailey, Brandon M. Zlotnick, Landlord Representation, New York Law Journal, Real Estate Administrative Proceedings/Environmental Control Board, Real Estate Litigation

Both New York State and New York City, as well as other municipalities within New York State, have laws on the books that prohibit discrimination by owners and managers of housing accommodations against prospective tenants based on the source of the tenants’ income. The New York State and New York City versions of these laws  Full Article…

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New York State Court Holds Statute Prohibiting Housing Discrimination Based on Lawful Source of Income Is Unconstitutional as to Section 8 Housing

  • Brandon M. Zlotnick

By Brandon Zlotnick In a case of first impression, Supreme Court, Cortland County has held that a provision of New York State law that prohibits housing discrimination based on lawful source of income is unconstitutional, as a violation of the Fourth Amendment, to the extent that it requires landlords to accept vouchers under the federal  Full Article…

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Can a Coop Board Demand a Unit Owner Make Repairs Prior to Selling?

  • Rosemary Liuzzo Mohamed

By Rosemary Liuzzo Mohamed The short answer is “Yes.” The coop board has a great deal of control and responsibility over the safety of the shareholders, the units, and the building as a whole. The buildings structural integrity must be maintained at all times. Therefore, a coop board may require certain repairs be completed and  Full Article…

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How Purchasers of New Construction Condominium Units can Significantly Reduce the Most Expensive Item on their Title Bills

  • Mortgage Finance Practice Group, Zoe Tsicalos

New York State imposes a tax on the recording of mortgages. The tax is calculated based on the amount of a loan. Loans that are $500,000 or less will have a tax rate of 2.05%. The tax rate increases to 2.175% for loans that exceed $500,000. Borrowers are always responsible for paying the mortgage recording  Full Article…

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RPL 235-J – Bedbug Notification Requirements

  • Landlord Representation, Solomon Chouicha

By: Solomon Chouicha Governor Hochul recently signed into law an amendment to Real Property Law Section 235-j concerning landlords’ duty to notify its tenants of bedbug infestations. Previously, the law required landlords to notify tenants of such infestations within 24 hours of the landlord receiving knowledge of an infestation. The amendment modifies the notification requirements.  Full Article…

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RECENT POSTS

  • Recovering Damages From Water Diversion
  • Coop Estate Requirements
  • One of the Bedrocks of Real Estate Transfers: The Statute of Limitations Cannot Be Extended By State Courts in New York
  • NY Real Property Law § 339-ee
  • Lawful Source of Income Anti-Discrimination Laws as Applied to Rentals

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