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I am considering buying a property that has an illegal basement currently occupied by a tenant without an official lease or permit. There have been no fines or complaints related to the basement. I plan not to rent it out and to leave it as-is. What are the potential legal ramifications I might... View More 
answered on Feb 26, 2025
Dear Brooklyn Home Buyer:
You described an illegal, unregistered, multiple dwelling, and extant violation of the Certificate of Occupancy.
Aside from the likely Department of Buildings violations of basement use contrary to the Certificate of Occupancy and failure to restore the... View More
I am considering buying a house presented as a three-family property. The seller provided a deed and tax classification confirming it as a three-family home. However, my inspection showed it's actually two apartments with a basement, which is currently rented out. I found no permits for work... View More
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answered on Feb 25, 2025
The answer to that question is 100% dependent upon the building and zoning law of the municipality in which the home is located. Sounds like there is a potential building and zoning violation which might be revealed in the course of the closing or thereafter. You would be well advised to go to... View More
My husband and I own a house in New York state, and both of our names are on the deed. I signed a separation agreement that was notarized but not finalized in court. The agreement states that he will receive 100% of the profit from the sale of the house. However, the agreement does not mention... View More
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answered on Feb 23, 2025
Greetings:
Total deference must be given/made to the Separation Agreement. If any terms are silent or ambiguous, you must be certain to have the Agreement amended to reflect your intentions as well as that of your ex. If you proceed in a manner contrary to the Agreement with respect to the... View More
I am concerned about Medicaid and asset protection regarding my grandmother's house. My grandmother is sickly and requires more care than I can provide. Her daughter wants to apply for Medicaid and get her on the assisted living waiting list. My grandmother's only major asset is her... View More
answered on Feb 19, 2025
I completely understand your concern—Medicaid rules can be tricky, and it’s important to plan ahead so you don’t run into issues later. Since your grandmother owns the house and may go on Medicaid for assisted living, there is a real possibility that Medicaid could place a lien on the home to... View More
I just got a provision of law 28-105.1 complaint requesting for corrective action. Due to alter my house without a permit. Can I ignore this request? Like I’m living it the house and I own the house would there be any future issues? The change was enclosing my front porch with walls for another... View More
answered on Feb 26, 2025
Eventually, DOB will issue another violation for failure to comply and enter a default money judgment because you ignored the summons and did not restore the porch to its original condition, obtain a permit, or amend the certificate of occupancy.... View More
I have been divorced since November 2018, and the agreement required me to refinance our home within 9 months. However, as a former stay-at-home mom and cancer patient, building credit has been challenging. Despite efforts to refinance, job losses due to court-related absences have hindered... View More
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answered on Mar 16, 2025
I understand that this situation is deeply concerning, especially given your financial struggles and health challenges. Based on the details you provided, there are several legal arguments and actions you may be able to take to protect your ownership of the home.
Your divorce agreement... View More
Is it possible to have a lease assigned to me even though I am not related to the current tenant? It concerns a residential, rent-stabilized property in NYC. The tenant has been living there for many years and now wants to assign the lease to a long-time friend, but not a family member. The... View More
answered on Feb 14, 2025
Dear Manhattan Tenant
Yes. But a NYC landlord is not required to agree to the proposal to assign the lease. The landlord is able to unreasonably reject the proposed assignment. The only remedy in this event is that the tenant could cancel the remainder of the lease.
An Assignment... View More
Person A sold two parcels of land to Person B, a close relative, several years ago. I believe it was for $1 and other consideration. The govt forms correctly identified both parcels by tax map designation and address, and current property tax records correctly show Person B as the owner of both.... View More
answered on Feb 9, 2025
This is a mess that must be corrected ASAP. An incorrect metes and bounds makes a property unmarketable. If Person A is alive then person B should immediately use the POA and do a correction deed. There is a literal form for it.
I am a non-US citizen. I own a condo in NYC which is not my primary residence. I want to transfer this condo into my revocable living trust (domestic). My attorney filled out form TP584 as a conveyance without consideration. Therefore, no transfer tax is due. At the end of this form, it states that... View More
answered on Feb 7, 2025
A revocable trust's assets are still your tax responsiblity, e.g. property taxes, because it is revocable. The form you are filing suggests you are getting income from the property and that is taxable. If you have no confidence in your atorney, you should obtain another one. Do so or take... View More
My next-door neighbors installed a fence made of wire animal pen fencing in a right of way between our houses. They did not have a permit, the fence is not on their property, the fence is unsightly and reinforced with dead branches. I filed a code enforcement complaint with the town against my... View More
answered on Feb 5, 2025
Dear Syracuse Home Owner
Hire a lawyer or at least consult. Try to find the reason Code Enforcement chose to pass the buck to you.
I own a house (free of liens) that an investor wants to purchase. The investor wants me to finance the property at a 30-year amortization, with a balloon payment due after ten years. The buyer wants to put language in the agreement that the deed is held by the title company, and if they default,... View More
answered on Jan 28, 2025
It means you are being scammed, and deeds that are really part of a property flipping scheme are illegal, so they are trying to cover it up when they record it.
For 15 years took care of her till she passed. My sister's wanted to sell the house. We applied for & were approved for a mortgage. They wanted more than we were approved for & didn't accept it. We stayed in the house, looking for a new place is very challenging. They placed an... View More
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answered on Jan 23, 2025
If your name is not on the deed, you are not the owner. I do not know who you are referring to when you say "They".. There are also several facts that you have not provided. Who wanted more, who evicted you, and why are your belongings still there? Was the house sold at auction... View More
answered on Feb 12, 2025
Many new real estate sites have popped up in recent years. Some have postings for homes that are not currently for sale. Upon closer examination, they could list a sale date for the property from the past, or a note that the property is no longer for sale. But a house that you have no wishes to... View More
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answered on Jan 14, 2025
If your m and m lien is valid, then hire a lawyer to file suit against both the old and new owners to execute the lien. But your lien may not be valid now.
My mom who just passed away has been renting a rent stabilized apartment since the mid 70's. The apartment complex, originally rentals were converted to co-ops back in the 1980's with the option to buy. Mom continued to rent the apartment. Her existing lease will expire end of June this... View More
In this specific situation:
1. Co-Signer A does not participate in the daily business operations of the store.
2. Co-Signer A accuses Co-Signer B of financial misconduct, personal betrayal, and claims that Co-Signer B is an illegal immigrant.
3. Co-Signer B manages the... View More
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answered on Jan 11, 2025
Greetings:
A Commercial Landlord is not an arbitration, mediator, or babysitter for issues by and between its Tenants. The Landlord/Tenant-Guarantor relationship simply establishes that the Tenants enter into a "privity of contract" and "privity of estate" relationship... View More
The person did not include her in the will And the children want her to vacate within the month
answered on Jan 5, 2025
Eventually the heirs will secure the right to take possession when one is designated by the local Surrogate Court as Administrator of the Decedent Estate. When that day comes that person would serve either a tenancy termination notice or a Licensee Notice to Quit.
My son is living with 2 roommates and 1 of them is not paying, the other one has his father as guarantor. My son is always paying his share since 2 years. As a guarantor, can I get out of this contrat? My son's lease is finishing at the end of June 2025 but he wants to live before because of... View More
answered on Jan 4, 2025
This is not a simple undertaking. Guarantors often have no way to avoid the contract obligations in the event of a default paying rent.
Consider a legal consultation.
answered on Jan 9, 2025
I interpret the question as may a beneficiary to an inheritance of a house disclaim the benefit? In that instance, it is as if you did not exist in the will [at least as far as the house goes] and any other beneficiary [such as a sibling also given a share of the house] could have his share... View More
answered on Jan 8, 2025
Dear Manhattan Tenant:
A New York landlord has 14 days to present a former tenant with the written itemization of damages the landlord will charge against the tenant's security deposit and to refund the balance of the security deposit. A tenant has no right to return after moving out... View More
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