answered on Sep 12, 2022
Respectfully, I disagree with my colleague. You may want to refer to this NY publication: https://www.tax.ny.gov/pdf/publications/real_estate/pub576.pdf
However, I strongly suggest you speak with your accountant for accurate information.
answered on Sep 7, 2022
The By-Laws for the Coop should set forth who can serve on the Board
I had given my tenant a non-renewal letter which I unfortunely did not know had to be 3 month prior to her lease end date. I let her know that I am willing for her to stay the extra 3 months that I did not give prior and she answered with "Please contact my lawyer if you have questions for... View More 
answered on Sep 6, 2022
If the property is owned in your individual name, you are not required to retain counsel but would be foolish not to based upon the circumstances you have described.
I’m a tenant who was a month to month , always paid rent , no issues at the house with police agency or anything else , I maintain the yard and home , I was given a non lease renewal and then a 30 day notice with no notice at all , and the owner has harassed me etc , destroying my personal... View More
answered on Sep 2, 2022
Your next step should be to seek representation. If you are unable to afford an attorney, you may call 311 for information on obtaining pro bono representation.
He emptied her bank account. Paid taxes late making fines, harassed beneficiaries, no record of accounting may 2021 house sold 1/3 value he never has assessor come in., what can husband and daughter do now ?
answered on Aug 19, 2022
Based upon your description you may have claims against the brother for breach of his fiduciary duties as executor. To assess how best to move forward, you should give serious consideration to meeting with a local attorney to review your situation in detail and decide how to proceed.
She is in the process of selling her home. In the event she passes before home is sold, the proceeds of the sale would go to the heirs.
At which time then, the heirs would need to file to obtain these funds. Is there a way to avoid the legalities later, by drafting & filing documents... View More
answered on Aug 18, 2022
Since your grandmother resides in Puerto Rico, your question would be better directed to attorneys in Puerto Rico instead of New York. However, regardless of the jurisdiction, a living will does not address the disposition of property but merely the care of someone who may become incapacitated.
I am scheduled to appear in small claims court August 16, 2022 with the management company because they continue to tell me air coming into my unit from the foundation is my responsibility. After I filed the claim and received a date I discovered water intrusion, notified the management company and... View More
answered on Aug 9, 2022
Since Small Claims is only authorized to make monetary awards, you may not be able to obtain the proper relief in the case you initiated there. Issues with a Boards obligations to make repairs may require injunctive relief which you can obtain in Supreme Court, where you are best represented by... View More
Hello, I live with my mother in a rent stabilized apt. Unfortunately i was let go from my job during covid and got backed up on my rent. I had to quit my new job also because i was accepted into nursing school. My mother is disabled and on dialysis. My name is on the lease. My question is, can we... View More
answered on Aug 9, 2022
There are many available services to assist tenants with avoiding eviction based upon age or disability status. However, neither age nor disability status bar evictions for nonpayment of rent
The letter states that my landlord will violate my and my brother's lease because I have reported the tenants upstairs to the police because they deal drugs out of their apartment. Because I witnessed a favorite tenant of the landlord's buying drugs from one of the drug dealers upstairs,... View More
answered on Aug 5, 2022
You may want to contact the Tenant Harassment Prevention Task Force
https://www1.nyc.gov/site/hpd/services-and-information/thpt.page
answered on Aug 3, 2022
If the church that owns the property is a non-profit, which is extremely likely, the proposed transfer would have to have the approval of the NY Attorney General or the Court.
The intercom and buzzer for my apartment hasn't worked in over a year. My building management has claimed over the same year that they are waiting on a chip to replace the entire system. In the interim, Ive requested an electrician look at the current system to see if a temporary solution... View More
He assured me it was fumigated because I pointed out there were two empty one gallon jugs present at the viewing. Over the first two months the bugs were so thick I would awaken at night with bugs covering me. I stayed a total of ten days in two months complaining they needed to handle it. Can I... View More
answered on Aug 1, 2022
Since laws vary by jurisdiction and the apartment is in Puerto Rico, you will need to direct your question to a board with attorneys admitted to practice in Puerto Rico instead of New York.
The doctors tell me he does not have the capacity to handle legal matters, including health proxy, etc. and probably cannot sign off on a mobile home sale. Can I legally sell the property on my own? I really do not want to live here without him, so would look into a senior apartment. It is my... View More
answered on Jul 28, 2022
If you have a durable power of attorney, you should be able to proceed with a sale. However, if you do not have a durable power of attorney, you would need seek appointment as your husband's guardian before proceeding.
Lease stipulates: Section 5.5 Tenant will be responsible for all utilities and services required on the Premises except that Landlord will provide the following: Heat, Hot Water
answered on Jul 28, 2022
Generally this type of provision is interpretted to mean that the landlord is required to maintain the equipment that generate heat and hot water but the tenant is responsible for the associated utilites necessary to generat the heat and hot water.
I am considering to take a legal action against my tenants on 1st floor in my rental house (legal 2-family) due to tenants behaviors as follows:
- Repeatedly using my private garage without my permission;
- Repeatedly opening my private letters, and sealed them back;
-... View More
answered on Jul 25, 2022
If your tenants do not have the protection of an unexpired current lease and are not rent regulated, you may commence a holdover proceeding to recover possession of the apartment. Strongly recommend retaining an experienced landlord/tenant attorney to assist you with the process.
answered on Jul 5, 2022
The cost for transferring title to property includes many elements in addition to legal fees, such as transfer taxes and recording fees. These fees are related to the price paid to transfer the property as well as the type of property being transferred.
answered on Jul 5, 2022
Generally, people are free to record others in public. For example, a landlord may install a video camera in building hallways or entrances provided they are not aimed to view the interior of tenants' apartments. Likewise, provided it is not prohibited by the terms of a lease, a tenant may... View More
answered on Jul 1, 2022
If your property is not rent-regulated, you may legally have a month-to-month rental agreement with your tenant. However, like with all tenancies, if a tenant fails to adhere to the terms of the agreement, you may still be required to go to court to enforce your agreement or obtain relief such as... View More
Landlord has increased rent by 700 dollars in the span of 2 months, most recently they increased by 500 dollars this month and only gave a 15 day notice. They said that if we do not pay the full amount then we should start getting ready to be evicted.
answered on Jun 24, 2022
If a residential tenant in New York resides in an apartment that is not rent regulated and does not have the protection of a current lease, there is no restriction on the rent a landlord may charge. However, if the landlord seeks to increase the rent 5% or more, the landlord must provide the... View More
The landlord has been complaining about noise after 11pm. They live below, but sometimes we may get up at night to use the bathroom. The landlord is threatening up for months about having to leave. We installed foam flooring and a rug to help absorb any possible noise. This is a month to month... View More
answered on Jun 22, 2022
Unless a tenant is rent regulated or has the protection of a current lease, the landlord does not need to justify the reason he or she may seek to evict a tenant. However, the landlord must obtain a judgment of possession from court before evicting any tenant.
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