Himmelstein, McConnell, Gribben, Donoghue & Joseph - Manhattan Tenant Rights and Representation Attorney
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Coops and Condominiums Archives

Can I rent out my co-op unit?

Renting or subletting an apartment unit in a co-op is often a complex process. Co-ops tend to have strict guidelines regarding sublets. Without them, they risk letting in renters who do not meet their tenant/shareholder qualifications, which are critical to maintaining the environment the co-op has established. Co-op tenants undergo a lengthy and comprehensive application and interview process. Your co-op may require that your renter goes through a similar process.

Condo Finances Repairs without Special Assessment

The M Condominium in Brooklyn needed to raise funds to repair and restore several storm damaged building systems. The Board did not want to impose special assessments on the unit owners. In order to raise the money necessary to do the capital repairs, the special assessments would be too high and would impose unfair financial burdens on the unit owners.

HDFC Cooperative Barred From Asserting that Tenant is Not Owner Despite Lack of Stock Certificate and Executed Proprietary Lease & Ordered to Issue Shares and Lease

Recently, after a non-jury trial, the Court in Terry v 241 West 111th Street, HDFC, NYLJ April 8, 2013 (Sup, NY Engoron, J, April 1, 2013):

Small Leak Big Case

A small leak developed in the closet ceiling of apartment 15L, a coop apartment. The Coop's engineer's opinion was that it was caused by a leak from the bathroom in apartment 16L. The 16L apartment owner retained our firm and an engineer whose opinion was that the leak was not emanating from our client's bathroom but rather from pipes higher up in the building.

Rights of Co-op Shareholders Whose Apartments Were Damaged By Hurricane Sandy

Many coop tenants whose apartments were damaged by Hurricane Sandy are wondering if they have any rights to financial compensation, in the form of an abatement of maintenance, resulting from their apartments being rendered partially or totally uninhabitable. This post does not address issues regarding property damage or relocation costs if the apartment is completely unlivable. The amount of a particular abatement will depend upon the extent of the damage to the apartment and how long the conditions exist. The cooperator must notify the coop board or agent of the damage, preferably in writing, and demand immediate repairs and provide access if requested. Conditions such as mold should be remediated according to Department of Health guidelines by a qualified expert.

Rent Controlled Tenants Beat Back "Hardship" Rent Increases

Rent Controlled tenants won a big victory recently when Supreme Court Justice Schlomo S. Hagler upheld a DHCR decision denying "hardship" rent increases for 27 elderly tenants living at London Terrace Towers in Chelsea. London Terrace Associates v. DHCR v. Four Corners Tenants Association, Index No. 103341/11 (Sup Ct, NY Co, January 18, 2012). I was the lead attorney on the case that goes back more than ten years. The so-called "hardship" rent increases would have doubled and tripled rents of the few remaining rent controlled tenants in a co-op.

Due Diligence When Purchasing A Cooperative or Condominium Apartment

When I represent a client who is purchasing a co-op or condo apartment, it is important to look into the finances of the Co-operative or Condominium. A co-op or condo owner does not just own their own apartment. The owner owns a part of the cooperative or the condominium. The financial health of the cooperative or condominium has a direct effect on the apartment owner. Whether the building's mortgage is due to be re-financed or a real estate tax abatement is about to expire are factors that would have an effect on the common charges or maintenance the owner is obligated to pay.