Lawyers, Answer Questions  & Get Points Log In
New York Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Constitutional Law for New York on
Q: Can a person be denied purchase of a home in New York City simply because their social media page shows them hunting?

Friend is trying to purchase an apartment in NYC but has been told that they couldnt do the sale since he had pictures of himself hunting in Texas on his social media.

Gregory Byrnes
Gregory Byrnes answered on Mar 26, 2020

Yes, it's likely they can refuse to sell because they are not a protected class under Federal, State, or Local Law. If they are already in contract this would be a different story depending on the contract. You can check the AG's website for more information.... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: We bought a mobile home with land in Oswego N.Y on October 6th 2020

The seller paid the taxes on the property on October 4th before we purchased. We’ve been trying to transfer the deed but the seller won’t return our calls or texts but sent us a letter wanting us to pay him for the taxes he paid and then he will send us the deed. We feel he is responsible for... Read more »

Gregory Byrnes
Gregory Byrnes answered on Mar 25, 2020

What does the contract say? Generally the contract will determine who is liable for the property taxes. Often, it is the case that the seller prepaid for part of the quarter and will receive a credit at closing for the time the seller is not in possession.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: My dad has land in P.R. and passed away in June 2018. How can I go about gathering or claiming information on that land?

It is my understanding that my father and his siblings each purchased a piece of land in PR at the same time more than 30 years ago.

My father was NOT married when he purchased the property. He then went on to marry my mom whom he divorced in 1990 before passing in June, 2018.... Read more »

Elaine Shay
Elaine Shay answered on Mar 19, 2020

It would be better to post your question about how to find information about property ownership in a board for Puerto Rico where the property is locate. If you intend to file to probate/administer your father's estate, the proper place to file will depend on where your father resided at the time... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for New York on
Q: Sale of note, then sale of collateral, then forgiveness of debt confusion.

When a mortgage and note (one document, titled NOTE AND MORTGAGE) is sold, the creditor/lender/noteholder/mortgagee changes, but the debtor/borrower/mortgagor stays the same.

If the debtor/borrower/mortgagor then sells the mortgaged property (the deed to his house), subject to the... Read more »

Elaine Shay
Elaine Shay answered on Mar 19, 2020

When a lender assigns a note and mortgage, the debt remains with the borrower even if the property is sold subject to the mortgage.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: what is best way to pass along a rent stabilized apt in nyc without having rent spike?

I am moving into an apt 13 months in on a 2 year lease (11 months left). The goal is to be able to renew the lease at same rate with exception of regulated rent % increase. What is the best way to go about this? do I sublet then have option to renew or can I have the lease assigned to me? or does... Read more »

Elaine Shay
Elaine Shay answered on Mar 19, 2020

Rent Stabilized tenants do not have the right to sublet without a landlord's prior approval. If you sublet a Rent Stabilized apartment, as a subtenant you do not obtain succession rights to that apartment. If the tenant of record elects to surrender possession to the landlord at the expiration of... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Can I put my rent into an escrow account for the landlord vs. using a guarantor ?

Prior to the new rent laws it would be possible for me to pay a year upfront for rent. Now my only option is to use a guarantor. Would it possible to make an agreement with the landlord in which I put the money into an escrow account, and the landlord receives a fixed amount every month?

Elaine Shay
Elaine Shay answered on Mar 19, 2020

Security deposits are essentially escrow deposits that can only be used under certain conditions and are limited to one month rent by Tenant Protection Act of 2019 so unlikely your proposal would be allowed.

3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: NYU students who rents a Village Apartment Impacted by CV19 Pandemic and Closure of NYU Campus

I'm an NYU undergraduate student who rents an apartment with 3 other classmates in the Village a couple of blocks from NYU Washington Square. Due to CV19 pandemic, NYU has recently suspended classes for the rest of the semester and closed the campus and all dorms to students. We rent our place... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 19, 2020

No you cannot terminate. You will be liable for the rent although right now there are no eviction actions allowed. Try to sublet it.

View More Answers

1 Answer | Asked in Real Estate Law for New York on
Q: With the current National Emergency is it conceivable some residential contracts could be void in some cases?

For example, say someone signed a contract 45-60 days ago, is it conceivable at some point in the near future (quarantines, lockdowns, clusters of outbreaks) a contract could be void because of the virus? Somewhat akin to "damage" perhaps? Or circumstances out of the seller/buyers control?

Tim Akpinar
Tim Akpinar answered on Mar 13, 2020

It's probably unlikely that contracts would be considered void, as that would declare there is something defective in a contract, such as illegality or failure to meet requirements for formation of a valid contract. Textbook contract law holds certain conditions that serve to discharge performance,... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: a person with no relatives or heirs to his estate. no will . was married to my sister.

they finalized the divorce 20 years ago. can she inherit his home

Michael David Siegel
Michael David Siegel answered on Mar 10, 2020

No. Everyone has some next of kin. You just have to find it.

View More Answers

4 Answers | Asked in Divorce, Family Law and Real Estate Law for New York on
Q: How to file a motion of contempt on ex for not following divorce decree regarding property? Divorce or property lawyer?

Ex-spouse refuses to follow through with property agreement set in divorce decree. Currently financially frozen. How do I go about enforcing? What kind of lawyer do I get? Divorce or Property/Real Estate.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 10, 2020

You need a divorce lawyer

View More Answers

1 Answer | Asked in Personal Injury, Real Estate Law and Municipal Law for New York on
Q: Is there a specific law stating fire departments are responsible for visitors on department property.

Doing research for a class project

Tim Akpinar
Tim Akpinar answered on Mar 9, 2020

It does not seem like something that would expressly be spelled out in any statute or code. But you should still research and check municipal codes and ordinances (including those written by FDNY) to be certain. If after diligently checking, you find no such provisions, you could consider including... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: I recently got divorce. I want to transfer the ownership of the house to myself. My ex husband granted me the house.

What I should do?

Michael David Siegel
Michael David Siegel answered on Mar 9, 2020

"Granted me the house" is not a legal phrase. Is it in an order of the court? Is it in a deed he already signed? I am not sure where you are in the process to advise where to go. Ultimately, you need to record a decree giving you the house, or a deed signed by your ex.

View More Answers

1 Answer | Asked in Real Estate Law for New York on
Q: Can I force my girlfriend by sell a Manhattan condo we purchased 11 years ago ? I moved out 7 years ago.

It has remained her primary address but we had a legal sublet for 3 years.

Michael David Siegel
Michael David Siegel answered on Mar 4, 2020

Yes, by commencing a Supreme Court case called a partition action.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for New York on
Q: what forms do i need to complete to transfer real property to a living trust?
Nina Whitehurst
Nina Whitehurst answered on Feb 28, 2020

Real estate is transferred using a document of conveyance called a deed. However, there are a variety of types of deeds, and the choice is not always obvious. I do not ever recommend using quitclaim deeds because of issues with insurability. That leaves possibly a warranty deed or a special... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for New York on
Q: I have a real estate worth $850.000 in Long island city, NY. How much tax my kids and spouse has to pay when i pass away
David Ostrove
David Ostrove answered on Feb 27, 2020

Your kids pay no estate tax. Your exemption will more than cover $850,000.

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: I am looking at putting someone on the deed to my house, I do not have a mortgage . I also need to update my will.

I Am looking for information on putting someone on my house, and updating my will. I realize they are separate issues but would like to take care of at the same time. I am in Erie County NY

Michael David Siegel
Michael David Siegel answered on Feb 26, 2020

The two have nothing to do with each other. The deed and will are separate. A deed is permanent. There is no way to revoke the transfer later. However, there are structures like a trust you can use to accomplish what I think you want to accomplish.

View More Answers

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Do I have to file a 2nd Eviction order if my tenant doesn't move out ?

My tenant got a order to show cause after receiving a eviction notice.Do I have to file a new Eviction notice if she was granted a extension and doesn't leave?Do I have to call the marshal to schedule a eviction or will it be automaticaly?or do I have to wait 14 days after she's scheduled to move... Read more »

Elaine Shay
Elaine Shay answered on Feb 24, 2020

The Marshal will not automatically reschedule an eviction. The landlord or his/her attorney must take the initiative. Whether you have to serve a new notice depends on the exact language of the court order disposing of the OSC

1 Answer | Asked in Real Estate Law for New York on
Q: How many days does a court have to give you a notice to appear in court ?
Tim Akpinar
Tim Akpinar answered on Feb 24, 2020

It could depend on what the matter involves and what the judge chooses. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for New York on
Q: I am a owner of a condominium. The community is being sued. Do we as owners have a right to know. Board say no

Do they have a right to withhold this information from the owners

Michael David Siegel
Michael David Siegel answered on Feb 21, 2020

You have a right to see books and records of financial information. But cases are public. Type it in the computer and look it up.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.