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New York Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning, Real Estate Law and Foreclosure for New York on
Q: house in foreclose from my ex spouse who moved out. Who’s responsible for plumbing issues?
Michael David Siegel
Michael David Siegel answered on Mar 13, 2018

The one who needs to use the toilet.

1 Answer | Asked in Land Use & Zoning and Environmental for New York on
Q: Thousands of rr ties on property in Ontario Co NY purchased approx 10 years ago.

DEC or EPA says they have to be removed Need advise on removal and who pays. What to do if they cannot pay??

Greta Katrin Kolcon
Greta Katrin Kolcon answered on Feb 22, 2018

Historically, railroad ties were often treated with creosote to preserve wood from rotting quickly. The EPA has determined that coal tar creosote is a probable human carcinogen, meaning that it is an agent directly involved in causing cancer.

Although there are special rules for railroads...
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1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for New York on
Q: Condo sponsor not giving me my assigned storage space

I closed a new condo last week with 2 Assigned Parking slots and 1 storage slot. I have a duly signed contract, recorder deed and a issued parking/storage license. However, the condo sponsor in not giving keys for the storage and says its a assigned to someone else

How do I enforce? What... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 22, 2018

If the space is licensed and not deeded you need to sue for breach of contract. The papers will govern.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: I am a homeowner in Long Island, NY. We have a friend of the family who’s fallen on hard times and is living with us.

Someone filed a “complaint” with code enforcement claiming we have an unapproved tenant. However it is not a full apartment and he is not paying “rent.” Do I have a right to see the complaint or confront the accuser before having to allow town officials in my home for an invasive and... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 19, 2017

Seems like BS. Just go to the Town and say what you said here.

1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for New York on
Q: IN WHICH BRONX COUNTY COURT AREA CAN I OBTAIN INJUCTION TO STOP STREET CONSTRUCTION THAT DRILL INTO MY HOUSE WHAT FORMS?

UNANNOUNCED AND FOR 2 WEEKS CONTRUCTION WORK ON OUR BRONX STREET BLOCK CLAIMING UPGRADING YOUR GAS LINE. SHOCKINGLY THIS DAY I WOKE TO FIND THAT THEY HAVE DRILLED A MIGHTY HOLE ACROSS SMASHING SIDEWALK WHICH I HAD PAID FOR DIRECTLY INTO MY OWNER OCCUPIED TWO FAMILY HOUSE INTO THE FOUNDATION ALSO... Read more »

Barry Eran Janay
Barry Eran Janay answered on Oct 17, 2017

You most likely would have to file a notice of claim with the NYC Comptroller First and then file a suit in the NY Supreme Court, Bronx County.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for New York on
Q: what are my rights as a sub-leaser who has had property damage from a leak in the building?

1299.00 computer - broken

300.00 bed stained through water damage

Barry Eran Janay
Barry Eran Janay answered on Aug 29, 2017

File small claim against landlord and tenant who caused the problem.

2 Answers | Asked in Civil Rights, Consumer Law, Land Use & Zoning and Real Estate Law for New York on
Q: I paid for an extension on my sons house because he advised me it would be better than living by myself (over 70K)

In consideration He said he would take me as a dependent on his taxes (he did) so that I would have no additional costs to pay Now he told me I have to move because he is selling the house! I am 84! What can I do?

Derek John Soltis
Derek John Soltis answered on Aug 15, 2017

I am sorry to hear about your situation. You do have options. You should consult with an attorney to devise a strategy. Talk with an attorney to go over all of your options. Getting advice in a public forum is not really appropriate for your situation

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Business Formation for New York on
Q: Im thinking of starting a private autocross car club on a private farm in Long Islnd. what zoning rules must i adhere to

currently the area is an active farm. thinking of purchasing and 'converting' to a private 'paved lot' and hosting autocorss car events. not clear what zoning rules i must adhere to or what local licensing there may be (if any). this is NOT a drag-strip.

Barry Eran Janay
Barry Eran Janay answered on Jun 8, 2017

It's a special use, local AND state rules will apply.

1 Answer | Asked in Land Use & Zoning for New York on
Q: can the city zone way all new residential development in a sensitive area without it being a taking?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 24, 2017

It might be considered a taking, and then there'd be a right to just compensation for the landowner. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: A country club across from my house relocated their driveway. Car headlights now scan through my house. What can I do?

My house was built in 1951. My husband and I bought it from the original owners 11 years ago. There is a country club across the street and the sole driveway into and out of the club has always been catty-corner to the front of our house. We received no notification of a driveway relocation and one... Read more »

Barry Eran Janay
Barry Eran Janay answered on Apr 26, 2017

It sounds like you may be out of luck. This is a local zoning issue that you have to take up with your locale and it sounds like you have done so. If the hours that the cars were coming in and out of the club were unreasonable maybe there is a private nuisance issue, but that's pretty... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: Who pays for the septic problem on property when it is a trailer owned by me and land by owner of park?

Also who should take care of plowing and mowing, etc. on property?

Barry Eran Janay
Barry Eran Janay answered on Apr 11, 2017

Did your shit cause the septic problem? You may need to have your shit checked. Is the septic system shared? You may have to check your neighbors shit then. I'm kidding, but in all seriousness, you probably have a lease or license agreement at the trailer park and that would give some... Read more »

3 Answers | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: I am buying a house with a barn, it is under contract at the moment. Am I aloud to go in and start cleaning the barn?

The reason I am asking is due to how dirty the barn is. The seller dose not live there and you can see they never cleaned the stalls out ever and I have 4 horses to go in after all the paper work is signed and it will take a good two weeks to clean it out. So by the time it is done, I will have it... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 9, 2017

Unless the contract allows it, you cannot go on the property until closing.

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1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for New York on
Q: Can my local town force me to put my electric service wires underground
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 27, 2017

Yes, based on various public utilities and construction laws. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: I live in a Condo in Dutchess County, NY and my car was towed from the private property at the

arrangement of the property management company. The required signage relating to the tow was not maintained properly (inaccurate info) and I want to sue the management company for recovery of the towing costs. Should I sue the property management company or the HOA that assigned (by contract) the... Read more »

Barry Eran Janay
Barry Eran Janay answered on Feb 21, 2017

Liability likely depends on the verbiage of the signage, but in any event you can go to the small claims court in your jurisdiction and name both parties just to ensure that the responsible party gives an Answer.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: the town of cicero ny wants an easement across my property. I said no as their doesn't appear to be any necessity for it

The tenents have been on hold for over 4 months. Can I sue the town for lost revenue?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 12, 2017

It depends on whether the easement request is indeed necessary and whether the action affecting your tenants is valid and reasonable. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Animal / Dog Law for New York on
Q: We own the trailer have no title landlord doesn't have it. We rent the land the trailer sits on we pay $350 dollars

The lease says no pets but we ask r landlord he said one cat will be fine. We ended up wanting to more cats we asked the landlord he said he was okay with it. Now he is saying we got to get down to one cat by Feb 7th first he said we had till March 1st. I'm pregnant I'm due February 13th... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 8, 2017

Are they causing a hygiene problem? How many more cats did the landlord agree to? Do you have proof of the agreement? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: I live in the town of Jefferson NY and a religious or bought up a large property which took in approx 170000 dollars in

Taxes. Most of the land is forest. Why should the small town suffer for property not being used for religious reasons. At the time of sale the organization that purchased agreed to pay taxes.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

Your question lacks sufficient details. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... Read more »

1 Answer | Asked in Land Use & Zoning for New York on
Q: Is owner who occupies one unit of a 3 family house required to install window guards if requested by 2nd floor tenant?

One child nearly 10 years old lives on 2nd floor.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2017

It depends on relevant city housing codes. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... Read more »

1 Answer | Asked in Land Use & Zoning for New York on
Q: This is in regard to a petition. How do I legally start one for my neighborhood?

My neighborhood shares a property line with a major hotel. The hotel wants to set up a tent, six months out of the year to have social events i.e. wedding. The tent would be set up 100 feet from many homeowners in my neighborhood. The tent would produce many unwanted problems like noise. How do... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 1, 2017

You have a right to ask people to sign a petition that you draft. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: How does a religious retreat center with lodging for 25 overnight guests fit into the definitio of "religious structure?

We are interested to include a religious retreat center under the use of a "religious structure" in a rural area that is zoned residential. Religious structures are allowed as a non-conforming use within this residential zoning with a site plan. The zoning of the town defines it as... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 30, 2017

If you're using the retreat for regular worship, you might be able to have it considered as a religious structure. A review of your organization, its uses of the building, and the law are required. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... Read more »

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