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answered on Sep 6, 2024
Dear New York Apartment Building Investor:
This may surprise you, but there is no proper way to purchase an apartment building in NYC, let alone evaluate the property, without an attorney.
Both J-51 and 421-a are examples of long-term run 'with the land' real property tax... View More 
Nov 1st 2023 I have a 1yr lease agreement on a house that my landlord is now trying to sell. May 30th 2024 landlord stated he found a buyer and signed with them but didnt have an official closing date but told us house will be closed sometime before the end June and we should be gone by July.... View More
answered on Sep 6, 2024
Dear Queens Tenant:
The truth is that unless the lease allows the landlord a right to early termination, you do not need to accommodate the owner's house sale. Even a properly ended lease in New York does not require the tenant to move out voluntarily. The tenant could wait it out and... View More
answered on Sep 5, 2024
Any legal eviction in New York State requires an initial inquiry about the relationship of the Petitioner (the party initiating the lawsuit similar to the Plaintiff) and the Respondent (the other party, who may be either a tenant or a licensee). The paths to getting into court are different.... View More
answered on Sep 5, 2024
If your relationship with your live-in 'ex' fits a category of landlord/tenant or landlord/not tenant relationship, there is a form of summary proceeding available to use. Perhaps a holdover tenancy termination summary proceeding or a holdover Licensee holdover summary proceeding.... View More
answered on Sep 5, 2024
If your landlord does so, that is a crime, and you could call the police.
'....engaging in a course of conduct which interferes with or is intended to interfere with or disturb the comfort, repose, peace or quiet of such occupant in the use or occupancy of the dwelling unit, to induce... View More
We are concerned that we will find significant issues with the home after we move it but don't plan to move in for a couple years when we down-size our home.
answered on Sep 6, 2024
The New York State mandatory real property disclosure form you received before you went to contract will hold the former owner accountable for false material reports about the condition of the property.... View More
I live in a co-op building and the neighbors right below me had water damage. No idea what happened, but their insurance took care of everything a month or two ago. Now, the Super called me that the neighbors and the building management have been emailing for a date for someone to come in and... View More
answered on Sep 3, 2024
Without knowing the details of the water damage, one possibility is that the insurance adjuster and building super want to confirm that the source of damage is not from directly above, which could make your unit the most likely possible source to look into. You mention feeling uncomfortable - you... View More
My daughter and 3 of her friends split a storage unit during the summer between their Junior and Senior year. Another friend of theirs, Clara, who also has a storage unit in the same place, dropped off a box with her things, and asked one of the girls (not my daughter) to bring it to the 4 girls... View More
answered on Sep 3, 2024
The fifth girl is unlikely to prevail on a claim for damages. She chose to "bail" her box to the 4th girl. This means to temporarily put it into her possession. However, the 4th girl wasn't compensated for the bailment nor is she a professional in the practice, such as a car mechanic... View More
So my friend is saying that do not fall into the category of citizen or national as they are not a citizen of the United States but are solely a national owing no allegiance to the United States (they call themselves an American State National). I told them that fine but in that case you would... View More
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answered on Sep 2, 2024
No, your friend is incorrect. Under U.S. law, the two primary statuses are citizen and non-citizen national (8 U.S.C. § 1408). American citizenship can be acquired by birth or via naturalization. Non-citizen nationals (Samoa and Swain), still owe allegiance to the U.S.
my parents bought me and my kids a house on a foreclosure sale we have lived at the house for almost 9 years i have renovated the home with my own money with no help from them at all and i paid a monthly amount of 600.00 to pay them back 35,000 and I did because I trusted my parents. we had a... View More
answered on Sep 1, 2024
Dear West Valley Home Owner:
It would help to know what type of landlord-tenant proceedings were started and lost and the reasons for the cases' failures.
In New York State, the filed deed is evidence of owning real property. If your name is on the deed, you are the owner--not... View More
Of my nephews since they are legally my blood relatives
answered on Aug 31, 2024
Nothing is "automatic". Do you have a court order granting you custody? Does it grant it to you, or to you and your spouse? If there is no court order then you do not have legal custody and should go to court to seek custody or guardianship, whichever is appropriate in your case. Talk... View More
A parent has a trust with 2 beneficiaries. We would like to move a house into a separate trust with only one beneficiary. So the house is being given to one child but the other should get half of the 2024 value somehow
Not sure the best way to do this so the other child gets half the 2024... View More
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answered on Aug 30, 2024
Giving the house to one beneficiary now could have many unintended negative consequences such as loss of step up in basis at the death of the gift giver and a hefty Medicaid penalty period assessed against the gift giver on account of the lifetime uncompensated transfer.
This is not the... View More
My Motion to Dismiss in Nassau County Landlord-Tenant Court was dismissed, and I want to appeal it. Can you tell me what forms I need and the procedure? I also need info on getting a stay of my eviction action while the appeal is pending.
answered on Aug 30, 2024
Dear Great Neck Tenant:
An appeal from Nassau County District Court is at the Appellate Term (9th and 10th Judicial Districts. You will need a form that I cannot discover online. (https://www.nycourts.gov/courts/ad2/appellateterm_forms.shtml
You also need a Request for Appellate... View More
I live in a NYCHA Apartment, and recently had my son removed from my lease. He promised to move in no more than 30 days, but now refuses to do so. How do I get him out of my apartment? I don't want to get in trouble with NYCHA because he refuses to leave. Can I ask NYCHA to start an eviction... View More
answered on Aug 28, 2024
Dear NYCHA Tenant:
I am sorry that New York Housing Law gives no breaks to tenants looking to remove unwanted roommates and family members. You will end up needing a lawyer to evict your son.
I cannot say that NYCHA will not let you change the locks or prevent your son from entering... View More
answered on Aug 28, 2024
There are attorneys here on this forum who are knowledgeable in this area, but your question remains open for a month. This is not my area of practice, but you could reach out to attorneys who practice in education and civil rights law (the latter if you suspect that you suffered discrimination in... View More
Do you think my asylum clock as stop
answered on Aug 27, 2024
I cannot determine if your asylum clock has stopped based solely on the information you've provided. The status of your asylum clock depends on various factors. Missing an interview or court hearing can cause the clock to stop. Contact your immigration attorney to review your case in detail... View More
My friend told me that the case Buck V Kuykendall establishes our right to travel and shows that the roads can only be regulated for those who are in commerce or using the roads for the propose of business. I tried to tell him that the case Hendricks V Maryland established in 1915 decided that the... View More
answered on Aug 22, 2024
Buck held that a state may not require a license or fee to engage in interstate commerce using federal highways for the purpose of limiting competition.
It did not in any way hold that roads can only be regulated for those engaged in commerce.
It discussed that states could regulate... View More
My mother and father bought a house in the late 90's. Because of my fathers credit, he could not be put on the mortgage - nor was he put on the deed. My mother and her mother signed all of the original paperwork, but my mother and father paid the mortgage - and that's how it remains.... View More
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answered on Aug 22, 2024
I'm sorry to hear about your situation. Legally, if your father was never on the deed, he doesn't have ownership rights to the house, even if he helped pay the mortgage. Since your mother passed away without her will being probated, your father may have some rights to her share of the... View More
We are a small Inc. company incorporated in Delaware and are now considering reducing the salary of two founders. Both are O-1 visa holders and each earns around $9k/month. Specifically, we want to know:
- What happens if we reduce the salary and how much decrement is recommended?
-... View More
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answered on Aug 22, 2024
Reducing the salary of O-1 visa holders can impact their visa status since the O-1 visa requires maintaining employment terms consistent with what was presented to USCIS. While no specific percentage is set for salary reductions, any significant decrease might trigger the need to notify USCIS and... View More
SHE WALKED OUT THE HOSPITAL WITH MY NEW BORN BABY WHOM HAD TO BE TORTURED FOR 7DAYS AND WAS BUT IN THE CARE OF THE PEOPLE WHOM WAS WATCHING THIS HAPPEN
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answered on Aug 22, 2024
I'm sorry to hear about your situation. To sue Child Protective Services (CPS), Adult Protective Services, and a hospital, you need to establish that their actions or negligence violated your rights or caused harm. In New York, claims against government entities like CPS and Adult Protective... View More
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