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New York Real Estate Law Questions & Answers
3 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for New York on
Q: My mother (90) owns her home in Huntington. She would like to add her 2 daughters to the title. What is the process?

Can we do this by completing a form or do we need to get a lawyer? Can we file electronically? I live in Maryland, but her house is in New York. Thank you.

Elaine Shay
Elaine Shay answered on Sep 22, 2021

In order to add additional parties to title, a new deed must be executed. Unfortunately, technology advances, such as esignatures have moved forward faster than our legal system has adapted. Therefore, it is necessary to executed wet ink copies of the deed and accompanying transfer documents that... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Private house Section 8

I would like to know If I should hire a lawyer.

I am on Section 8 and I live in a private house. The house I live in was sold, the new owner has been harassing, intimidating me and now he says he wants to evict me because I complained to the city. I have a year lease that was put in place... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 21, 2021

Call 311 and report these violations. The City will be on this immediately.

1 Answer | Asked in Foreclosure, Real Estate Law and Collections for New York on
Q: I'm i obligated to property or home if im not the executer ie liens
Elaine Shay
Elaine Shay answered on Sep 20, 2021

Please try to ask your question more clearly for assistance.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Can you sue your landlord for moving expenses due to uninhabitable conditions?

can you sue your landlord for moving expenses due to uninhabitable conditions such as creating rodents, electrical conditions, no hot water, and stirring up asbestos by doing illegal renovations to a house? dust was all over the place. (breaking of walls) ( I had the items tested, it contains... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 7, 2021

It depends on the terms of your lease. But in general, likely yes.

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1 Answer | Asked in Real Estate Law for New York on
Q: which form to use for the purpose of remove deceased spouse's name to the Title and Deed of the house in NY?

Where do I file the application to remove the deceased husbandis name in NY Queens County?

Elaine Shay
Elaine Shay answered on Sep 7, 2021

In order to remove the name of a deceased spouse from the title to real property, a new deed must be recorded. Whether the property automatically passes to the surviving spouse or whether the estate may need to be probated/administered depends upon how title to the real property was held prior to... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Is a lease valid if tenant never rendered any funds?

Lease was signed, and person moved in but no security deposit or rent has been paid at all

Tim Akpinar
Tim Akpinar answered on Sep 6, 2021

This is something that the landlord-tenant attorneys here would have the most insight into, but your post remains open for a week. It was probably overlooked in the Real Estate Law category. There's no guarantee that all questions are ultimately picked up, but you could try reposting and... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: I am a homeowner in Brooklyn NY who has a deck that does not have a permit. Can I remedy this situation after the fact?

Due to the recent storm my neighbor is complaining thar I flooded their basement due to improper drainage.

Michael David Siegel
Michael David Siegel answered on Sep 4, 2021

Yes. Find an architect willing to amend your certificate of occupancy and file for the permit, and then close it.

1 Answer | Asked in Banking and Real Estate Law for New York on
Q: My spouse passed away. Both names on mortgage. My name primary. Do I need to change the mortgage contract?
Michael David Siegel
Michael David Siegel answered on Sep 3, 2021

No. Just keep paying. If you are both on deed, same answer. If not, you may need to do an estate proceeding.

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for New York on
Q: I live in auburn New York I had a flood in my apt it was sewage do I have a case

I was out of my apt last year for 3 in a half months for this they told us it was fixed and I lost a lot of furniture and clothes I would like them replaced and 2 plus 4 says they are not replacing anything

Elaine Shay
Elaine Shay answered on Sep 3, 2021

Ideally a tenant should maintain renter's insurance to cover damages to his or her personal belongings. In the event a tenant a tenant does not have insurance coverage to cover his or her losses, a landlord may be responsible if the flooding can be proven to be due to the landlord's negligence.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: I am on section 8 and my landlord wants to do renovations

I am on section 8 and my landlord wants to do renovations in the whole house without a permit and I think there is asbestos in the walls. Can I stop him until I get it checked out, or do I need to go to court to force him to stop?

Elaine Shay
Elaine Shay answered on Sep 3, 2021

If your landlord begins renovations and does not have proper permits, you can call 311 to be referred to proper DOB office to report work without permits. If an inspector finds work is being done without the proper permits, a Stop Work Order can be issued.

1 Answer | Asked in Real Estate Law for New York on
Q: purchased together before marriage, never put in our names husband left divorced 3 years ago. Who owns the land

Land purchased before marriage. Never put deed in our names. Divorced 3 years ago without mention of propertyin the divorce. ExWife paid taxes last 3 years and occupied the home. Husband just put property deed into his and new wife's name. Told ex wife and 18 year old child they are squatters... Read more »

Elaine Shay
Elaine Shay answered on Sep 1, 2021

Basically, anyone can file an adverse possession claim but that doesn't mean anything about the likelihood of obtaining a successful judgment. In New York, the standard for an adverse possession claim has evolved but the strength of the claim is heavily dependent on the facts of the... Read more »

1 Answer | Asked in Tax Law, Real Estate Law and Appeals / Appellate Law for New York on
Q: I have been paying commercial property taxes for a common ground

I own residential and commercial property that sits on 1 lot. The commercial property next to me was run by a bank and was recently vacated. A new owner has informed me of a substantial common ground

Elaine Shay
Elaine Shay answered on Aug 31, 2021

Your post doesn't contain a question. If you want assistance with general information related to your situation, it would be helpful to understand what it is you want to know.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I'm renting a house w/ lease stating "Yearly lease has potential for renewal up to 3 years" Can I stay if owner returns?

I am renting a house with a 3 year possible commitment. The lease states: "Yearly lease has potential for renewal up to 3 years with the rate staying the same and after the first year the ability for tenants to give 30 days notice of vacating without penalty" If the owner decides to... Read more »

Elaine Shay
Elaine Shay answered on Aug 30, 2021

Leases, like other contracts, cannot always be accurately reviewed by looking at just one sentence or clause. Therefore, your best course of action to obtain an accurate answer to your question would be to forward the entire lease to an attorney and have it reviewed.

1 Answer | Asked in Real Estate Law for New York on
Q: Three brother inherited mother’s house. Two want to buy it together. Third will not agree to sell house. What can be don

The house is located in Aguadilla P.R.

He also refuse to agree to sell an additional property we inherited from my mother.

He said he would buy the house original. Once the house was appraised he wanted to buy it for less. Two other brother refused and said they both would by it at... Read more »

Elaine Shay
Elaine Shay answered on Aug 24, 2021

If the property in in Puerto Rico, you will need to direct your questions to attorneys that practice there instead of New York.

1 Answer | Asked in Real Estate Law for New York on
Q: If husband passed away and on lease do I have to reapply if I’m already in the apt
Elaine Shay
Elaine Shay answered on Aug 19, 2021

In part that depends on the terms of the lease and whether the apartment is rent regulated in any manner.

2 Answers | Asked in Real Estate Law for New York on
Q: Hello, I have a question regarding a purchase contract for a residential property

is a contract dead after the expiration date if the buyer backs out at last minute and neither party evoked time of essence. This contract is in NYS. There were no contingencies on the contract that were not met by either party.

Michael David Siegel
Michael David Siegel answered on Aug 11, 2021

No, unless the contract so provides.

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1 Answer | Asked in Real Estate Law for New York on
Q: Is this considered harassment?

These are three separate incidents with the super of the apartment building I live in that has made me feel uncomfortable

1. Constantly asking me who is living with me or if I have anyone in my apartment (I am the only one on the lease, but my boyfriend visits a lot). However, the super... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 10, 2021

If the notification to management was not in writing, you need to do an email or letter. You are handling it right. It is not a case for a lawyer yet, but documenting problems with management will help make a case if things persist.

1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: How would I arrange a Tennants in Common situation to jointly buy a home with several people?

What type of real estate agent would I need? What type of lawyer would I need?

Elaine Shay
Elaine Shay answered on Aug 9, 2021

It is important that you retain an attorney that is well-versed in forms of propery ownership to confer with you about the form you ownership you mentioned. For example, it may be more advantageous to own the property as an LLC with an operating agreement that provides for addressing common... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: The spelling of my husband’s first name is different on his most recent driver’s license than on our mortgage documents

My husband and I are very close to our closing date. His whole life, my husband has spelled his first name differently than the way it’s spelled on his birth certificate. It is spelled with a “G” on everything (taxes, expired passport, credit cards, utilities, diplomas, expired driver’s... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 2, 2021

Whatever the bank wants once you disclose this information.

1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Federal Crimes for New York on
Q: How can I file a suit on tom aini and the hornell police sheriff's dept state police and the city hall brian schu lawyer

I have evidence in drug activity corruption harassment sexual harassment I all listed above and a few other officials in the city

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jul 28, 2021

If you wish to report corruption involving local and state elected officials, you should report the matter to the Office of the Comptroller, https://www.osc.state.ny.us/investigations , which is charged with fighting corruption. You do not have legal standing to file suit on such matters. As for... Read more »

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