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September 2, 2016 Posted in Landlord/Tenant Law Share

If a tenant makes no attempt to hide a new pet, and the landlord is aware of the pet but fails to take action for more than three months, has the landlord waived its right to complain about the pet? Yes, says the New York Supreme Court in the case of 149th St., LLC v. Rodriguez: 50 Misc.3d 139(A), 2016 NY Slip Op 50146(U) (App. T. 2 Dept.; 2/5/16).  

May 31, 2016 Posted in Landlord/Tenant Law Share

Being a landlord or property manager can be challenging; however, individuals who are new to the business can benefit from taking heed to the following information and tips. In order to ensure that things run as smoothly as possible, one of the first steps a landlord should take is to obtain the right type of insurance coverage to protect his or her investment.

May 24, 2016 Posted in Landlord/Tenant Law Share

Whether you are new to being a landlord in New York or you are a seasoned landlord with a few questions and concerns, the attorneys at Griffin Alexander can help you with your landlord-tenant issues. The following common questions and answers are provided to help landlords gain a better understanding of New York landlord-tenant law. However, this information is not meant to serve as a substitute for speaking with a skilled attorney. Contact our office today to discuss your specific situation and how New York law may apply to your situation.

February 29, 2016 Posted in Landlord/Tenant Law Share

As we have covered previously on this blog, popular sites like Airbnb.com and VRBO.com can bring lucrative seasonal rental income to unit owners or tenants, but can cause gaping holes in terms of safety and security for landlords and permanent residents alike.

February 26, 2016 Posted in Community Association Law Share

In a recent New Jersey Supreme Court case opinion, jurists held 6-0 in favor of a plaintiff injured within a condominium complex, which was allegedly caused by association negligence for failing to salt the sidewalks. Community association boards are responsible for the exercise of reasonable care in connection with snow and other foreseeable hazards.

February 24, 2016 Posted in Community Association Law Share

Earlier this year, a story emerged involving a luxury New York City apartment building implementing a “poor door” policy, sparking understandable public outrage and accusations of blatant tenant discrimination. According to reports, One Riverside Park – which boasts both $2.1 million “tower townhomes” and $830/month low-income housing – constructed two separate entrances to the building, one for low income residents and one for the units that were not low income.

February 18, 2016 Posted in Community Association Law Share

In what will be a benefit to condominiums throughout the State, when confronted with collection actions that fall into Chapter 13 bankruptcy, the U.S. District Court reversed a determination of the Bankruptcy Court that Association liens could be “stripped off” and disregarded.  On appeal from the Bankruptcy Court, Judge Freda Wolfson of the United States District Court issued a decision yesterday reversing a ruling of Judge Gravelle finding that in Chapter 13 cases, a condominium association’s lien cannot be “stripped off” (aside from the statutory six months of maintenance provided for in the New Jersey Condominium Act).    In the matter of, In Re Rones, 15-4271-FLW, an Association filed an amended lien on the debtors’ primary residence prior to the debtor’s filing for Chapter 13 bankruptcy.  At the time of the bankruptcy filing, it was believed that more was owed on the mortgage than the property was worth.    The debtors filed a Chapter 13 plan proposing to only pay the Association six months of maintenance fees, and to strip off the remainder of the lien. The Association objected on the grounds that its lien was protected under the anti-modification provision of the Bankruptcy Code, 11 U.S.C. 1322(b)(2).  The Bankruptcy Court issued an opinion finding that the lien was wholly unsecured except for the six months of maintenance fees that were entitled statutory priority under the New Jersey Condominium Act. The Court said that the remainder of the lien could be stripped off. The Bankruptcy Court and the parties all agreed that the lien was consensual in nature, and therefore a security interest. This part of the Bankruptcy Court’s decision was not contested on appeal. (Had the lien been determined to be statutory, as opposed to consensual – by agreement through the Master Deed – this would have ended the issue, because statutory liens are stripped off.)   Despite the Court’s conclusion that the lien was a consensual one, the...

January 12, 2016 Posted in Community Association Law Share

Assessing fees and penalties against condominium association residents can be a dicey issue for boards, particularly given the fact that board members are also residents of the community and may be involved socially with those residents whose accounts reflect a default.  Nonetheless, collection of dues and membership fees is an integral component to maintaining a healthy bottom line. Sometimes, unfortunately, it takes litigation to ensure that some residents are compliant with the dues requirements.

January 7, 2016 Posted in Community Association Law Share

For community associations, winter weather can mean two things: injuries and expense. Not only is a community association responsible for ensuring common areas such as parking lots and sidewalks are properly cleared of snow and ice, but the association can also face liability in the event a resident or guest is injured due to negligent or insufficient snow removal protocol.