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New York Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for New York on
Q: Im a partial owner (with a parent) of a property and would like to become a sole owner. Is it taxfree
Elaine Shay
Elaine Shay answered on Jan 20, 2022

If your parent intends to make a gift of his or her interest in the property, depending on the value of the gift it may be subject to gift tax. However, New York does not impose a transfer tax on gifts of real property that are made without the payment of consideration.

2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: Loan Agreement Review

Good evening. I am lending capital to a real estate investor in my area and in turn I will be receiving 10% interest for a total of one year. I will receiving two documents, a promissory note and the loan agreement, and I would like a lawyer to review to make sure my interests are protected and... Read more »

David H. Relkin
David H. Relkin answered on Jan 20, 2022

Yes, I do know a great deal about this. I would have to discuss the matter and then review the documents. My website is easy to find. This space does not encourage contact information.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can my landlord rise the rent as he wishes because it's "fair marker value" ? I've been here for a year already.

I moved in to my apt. in January of 2021. My lease says $2211 with a concession. My final rental price has changed so many times due to the lack of organization and professionalism from the management company. The original agreement with the manager at the time was never recognized by upper... Read more »

Elaine Shay
Elaine Shay answered on Jan 20, 2022

Basically, unless you are in a rent regulated apartment a landlord has the authority to determine the rent and/or any rent increases. The HSTPA of 2019 requires that all landlords provide written notice of rent increases of 5% or more for existing tenants but does not place a cap the allowable... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: How can I find law help on a no will, small estate and sibling trying to be the administrator?
Elaine Shay
Elaine Shay answered on Jan 20, 2022

What type of help are you looking for? There are many attorneys in NY that would be happy to consult with and/or be retained to assist with Estate matters. In addition, there is information posted on the Surrogate's Court website as well as a Help Center at the Courthouse that provides basic... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: I inherited a corporation that has invested large amounts of money in a property which is now for sale by the estate.

as 100% owner of the corporation now can i file an unjust enrichment claim to recoup some of the investment on behalf of the corporation? I tried to purchase this property however i am the executor and my family will not approve of the sale even though I offered over fair market value for it. I... Read more »

Elaine Shay
Elaine Shay answered on Jan 18, 2022

You have presented a complicated situation that is not suited to being addressed in this forum. Your questions and concerns would be better addressed by retaining competent legal representation.

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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

1 Answer | Asked in Real Estate Law for New York on
Q: A neighbor of mine lost title to her house in Port Jervis, NY after failing to redeem the tax lien a local investor had

been holding on it for two years. What, if any, rights does she retain in her personal effects (family heirlooms, legal documents, jewelry, etc.) that remained in the house after the new owner changed the locks? He is refusing access and has scheduled a dumpster for what he deems to be abandoned... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 13, 2022

If she is not living there, she really has no rights.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: My brother passed away in Puerto Rico. The property is in P.R. there's no will. He has no children, no wife.

Our father lives here in New York.

I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing? What can I do?

Russel Morgan
Russel Morgan answered on Jan 12, 2022

You can report the property onto court in claiming ownership but with evidence on why. With our estate planning services we can provide you the help you need.

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Hello from New York. My dad recently died, my mom died a year earlier, the house is still in my dad's and mom's name.

I live in the house. Dad and Mom wanted only me to have house, not my brother, because I took care of them for over 10 years. There are no papers signed though for me to have it. My brother said you have to have his name on it also because they left no papers for me to have it.

Is this... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 10, 2022

Your brother is right. Children split equally if there is no will.

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1 Answer | Asked in Real Estate Law for New York on
Q: Supre Court ruling sign by the judge, ordering, adjudging and decreeing my claims , asking for defendant’s cooperatio?

The Judge decreed all my issues. Why do I have to get cooperation from the defendant?

Elaine Shay
Elaine Shay answered on Jan 10, 2022

There are many lawyers that participate on this website willing to provide educational information directed to your question. However, you will need to phrase your question better to get any meaningful assistance.

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My brother passed away in Puerto Rico. He left no will. He's not married and no children. Our father is still alive.

I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing?

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

If the property is in Puerto Rico, you need a lawyer there. If it is in New York, you need to become estate fiduciary in PR, and then do an ancillary proceeding here.

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2 Answers | Asked in Real Estate Law, Energy, Oil and Gas and Landlord - Tenant for New York on
Q: I own a Condo (which is on the 3rd floor) and the gas was shut off because of a gas leak

but the gas leak is not in my apartment or in the walls

it might be in the rizer from the ground floor to my apartment but my plumber could not find it

Question

who is responsible to fix that is it the condo owner

or the condo management board

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

Condo Management

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1 Answer | Asked in Real Estate Law for New York on
Q: Good morning, I live in an apt in a brownstone in NYC And own my apt. The management made a mistake and never increased

My maintenance and assessment fees for a year and that they are not asking me to pay them back. Do I have any recourse?

Thank you for your time

Elaine Shay
Elaine Shay answered on Jan 3, 2022

If you own a coop, whether in a brownstone or larger building, you are responsible for the full maintenance charges to the Coop regardless of a billing error by the property manager.

1 Answer | Asked in Real Estate Law for New York on
Q: a neighbor asked to help and now he is trying to hurt me I don't know what to do

Hi we needed some construction work in our property and our neighbor saw us and he volunteered to help us at no cost as a friendly neighbor gesture. I accepted and thought that he was really going to help. So i told him what i wanted done and left the property and then kept on asking for progress... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 29, 2021

If you never signed anything, you are likely OK. Anyone can sue anyone if they pay the fee. The question is can they win. Here, it seems not likely. Take photos of the alleged work or lack of work so you have evidence to show the court if you need to. If he puts a mechanic's lien on the... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Is a contract legal binding if both party's sighned it has been notarized?
Toshinori Isoai
Toshinori Isoai answered on Dec 27, 2021

It depends on what the contract was for, consideration involved, nature of the agreement, roles of the parties, etc.

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New York on
Q: For NYS Real Estate Law 226(c) must the tenant move as requested or can he fight this notice from the landlord?

If 90 days notice applies must the tenant pay all future monthly rents to the landlord?

Toshinori Isoai
Toshinori Isoai answered on Dec 25, 2021

Yes if the "future monthly rents" referenced here are the rent payable under the existing lease. If your landlord gives you the notice of termination or intent of no renewal in a legally sufficient manner, your current lease will terminate at the end of the lease. There is nothing to fight there.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I lived in an apartment for 7 years, starting in 2012. Landlord is suing me for arrears accrued in 2018,

Under the document dated in 2012. There here several lease renewals after that date and the obligations of the 2012 lease were met. Should he have sued me under the lease that covers the montages in question ?

Michael David Siegel
Michael David Siegel answered on Dec 16, 2021

Yes. If you are month to month, the most recently expired lease governs, except as to term and rent.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: For NYS Real Estate Law 226(c) must the tenant move as requested or can he fight this notice from the landlord?

This is a new landlord. My apartment building was recently bought with about one month from the previous owners. Must I vacate the premise?

Is there any legal recourse? Must the landlord give a reason for the notice to vacate?

Thanks.

Toshinori Isoai
Toshinori Isoai answered on Dec 16, 2021

The change of ownership won't affect the lease in effect. The new owner must respect and entertain the lease terms unless the lease says otherwise. S/he cannot kick you out. However, RPL §226-c concerns renewal (or no-renewal) of a residential lease. So if your lease is to expire soon and the... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Grandmother was manipulated into signing a deed transfer that she did not intend to. She wants to fix her mistake.How ?

Her son who has lived out of state for over 40 years had her sent to an attorney who coerced her to sign a deed transfer. Her son was not present. She was not aware that the attorney she was sent to had her sign a quitclaim. How can she have the transfer put aside.?

Elaine Shay
Elaine Shay answered on Dec 13, 2021

There is no simple form or other step to take. Litigation is required to correct this situation unless the party the property was transferred to agrees to transfer the property back to your grandmother. Be sure to retain an attorney with experience in real estate litigation not just transactional... Read more »

2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Grandmother was coerced into signing a deed transfer and wants to correct it. What should she do?
Toshinori Isoai
Toshinori Isoai answered on Dec 12, 2021

More facts need to be presented surrounding the "deed transfer."

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