Asked in Landlord - Tenant for New York

Q: Is repair cost (under dispute) part of monthly maintenance in a Co-Op?

My insurer and I are disputing a repair cost with my Co-Op. However, my building posted the repair cost to my monthly maintenance. The building expects me to pay in full (monthly maintenance + repair) and say they will not accept partial payments. Can my building do this and force me to pay the repair cost while it's under dispute?

Related Topics:
1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: The issue of what a Co-op can do is controlled by a combination of the by-laws, proprietary lease and relevant laws. Assuming these support the ability of the Co-op to collect for the cost of the repair, you may need to seek judicial relief in the form of a stay to prevent the collection of the cost of repair until after the dispute is resolved.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.