Real Estate Law
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HOW MULTI-FAMILY BUILDING OWNERS, COOP AND CONDO BOARDS AND MANAGING AGENTS SHOULD DEAL WITH COVID-193/12/2020 | By: David L. Berkey, Esq.
Owners of multi-family buildings, boards of condominiums and cooperatives and their managing agents should be aware of their legal obligations that arise from the novel coronavirus (COVID-19).
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Just A Minute – Not Too Long, Not Too Short,
How Goldilocks Likes Her Board MinutesFebruary 2020 | By: Michelle P. Quinn, Esq. | GDB 2020 Winter NewsletterWhen it comes to the content of the minutes of a Board of Directors or Board of Managers meeting, how much detail is “just right”? Meeting minutes are some of the most important documents for cooperative and condominium buildings and are required by the building’s governing documents and by statute. There is both a method and an art to taking accurate and appropriate meeting minutes.
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Security Deposits Limited to One Month – What’s a Landlord to Do?November 2019 | By: Scott M. Smiler, Esq.| GDB 2019 Fall Newsletter
One of the provisions in the New Rent Law makes significant changes to the collection of security deposits. In addition, one important and unintended consequence is the law’s effect on cooperatives. Under the New Rent Law, cooperatives collecting an escrow for the conditional approval of a purchaser could run afoul of the new law and be liable for damages.
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How to Comply with Part M of The Housing Stability and Tenant Protection Act of 2019November 2019 | By: Marc J. Luxemburg, Esq.| GDB 2019 Fall Newsletter
Part M of the New Rent Law contains a number of other provisions that create financial and operating difficulties for all cooperatives and, to some extent, condominiums. Part M was passed without any public input and apparently without any recognition on the part of any of the legislators that it would affect cooperatives. The law specifically affects admissions and operating procedures and adversely affects litigation brought by a cooperative. In this article we deal with the admissions and operating issues – litigation will be dealt with more specifically in a future issue.
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Partner Beatrice Lesser Quoted in The New York Times09/07/2019 | The New York Times
In September, partner Beatrice Lesser was quoted in The New York Times real estate section in an article titled What Happens When a Landlord Flouts the New Rent Laws?
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New Tenant Protection Legislation May Also Impact Cooperatives and CondominiumsJuly 2019 | By: David L. Berkey| GDB 2019 Summer Newsletter
The New York State Legislature in June enacted tenant protection legislation, titled The Housing Stability and Tenant Protection Act of 2019, that significantly changes New York’s rent laws and impacts the City’s many cooperatives and condominiums.
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A Properly Managed, Organized, and Prepared Committee Can Be an Invaluable Asset to BoardsJuly 2019 | By: Michelle P. Quinn, Esq. | GDB 2019 Summer Newsletter
Boards of Directors and Boards of Managers have their collective hands full with administration of building operations, capital projects, staff and owner issues, and the like. The creation of committees, especially in larger buildings, can potentially lighten the load. But committees can be both a substantial benefit to boards and an unexpected burden if improperly managed, organized and prepared.
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Keeping Up With the Times: New York City Housing Court Seeks to Implement ChangesMay 2019 | By: Michelle P. Quinn, Esq. | GDB 2019 Spring Newsletter
It has long been noted that the existing housing courts are ill-equipped to handle the number of litigants and extensive caseloads which New York City’s housing courts see each day. From the long lines of litigants (often with children), to the lack of available courtrooms and meeting spaces, and even failing infrastructure, it has become increasingly difficult for matters to be equitably and efficiently resolved. In 2017, Chief Judge Janet DiFiore created a Special Commission on the Future of the New York City Housing Court. The Commission recommended numerous proposed reforms to effect a transformation of the housing court.
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How to Prepare for and Conduct Your Annual MeetingMay 2019 | By: David L. Berkey, Esq. | GDB 2019 Spring Newsletter
May and June are the months when most Cooperatives and Condominiums conduct their annual meetings of shareholders or unit owners. Advance planning is essential for a successful annual meeting. Most counsel are experienced in leading annual meetings and can help make sure that your meetings run smoothly and your elections will not be subject to challenge.
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Partner Scott M. Smiler closed on a $52.3 million dollar loan for Lindsay ParkWinter 2019
In November, partner Scott M. Smiler closed on a $52.3 million dollar loan from the New York City Housing Development Corporation (HDC) for Lindsay Park. Lindsay Park is set to undertake a major capital improvement project, which included the negotiation of a $42 million dollar construction contract.
In October, Scott closed on the sale of a portion of real property belonging to one of our Mitchell-Lama clients, Lindsay Park Housing Corp. The sale, together with an option premium, totaled $19.5 million dollars. To Scott’s knowledge, this is the first time that the sale of a portion of a Mitchell-Lama property to a private developer was permitted by HPD. -
GDB is proud to announce that Michelle P. Quinn has been promoted to partner.January 2019
Michelle represents businesses and individuals in commercial and residential landlord-tenant litigation, including summary proceedings. She has substantial experience with Mitchell-Lama Cooperatives, Redevelopment Companies, and tenancies protected by New York State Rent Regulations.
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Help! My Co-Op Has No Leader and Might Collapse12/29/2018 | The New York Times
GDB Partner, Beatrice Lesser, is quoted in The New York Times regarding small co-ops without leaders and what can be done to avert a collapse.
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The Perils of the Moonlighting Super11/8/2018 | Habitat Magazine
GDB's head of the Coop and Condo Law Practice, David L. Berkey, Esq. is quoted in Habitat Magazine.
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Partner Scott M. Smiler closed on a $42 million dollar loan.6/2018
Partner Scott M. Smiler closed on a $42 million dollar loan from the New York City Housing Development Corporation (HDC) for one of GDB’s Mitchell-Lama clients, Masaryk Towers Corporation. Masaryk Towers is set to undertake a major capital improvement project which included the negotiation of a $28 million dollar construction contract.
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​Partner David L. Berkey lectured on Pre-Contract Due Diligence9/2018
Partner David L. Berkey lectured on Pre-Contract Due Diligence at a CLE program sponsored by the New York City Bar Association entitled “Residential Real Estate Closings: What You Need to Know From Pre-Contract to Closing.”
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Service Animals and the “No Dog” Building7/11/18 | By: Michelle P. Quinn | GDB 2018 Summer Newsletter
The proliferation of online websites that sell “service animal certification kits” in order to allow non-service animals access to public places has led to recent legislation intended to curb the abuse. A new law signed by New York State Governor Andrew M. Cuomo on December 18, 2017 makes it unlawful to knowingly apply a false or improper identification tag designating a service, emotional support, or therapy dog to enable the animal to accompany its owner into places of public accommodation and other venues. What does this law mean for apartment, condominium and cooperative buildings? Read more to find out how you may be affected.
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Making a Building Smoke-Free? Here are Answers to Some Commonly Asked Questions7/11/18 | By: Peter R. Massa, Esq. & Alyssa C. Goldrich, Esq. | GDB 2018 Summer Newsletter
As described in our spring 2018 newsletter, under recent legislation all New York City multi-family dwellings consisting of three or more apartments (including coops and condos) must adopt a smoking policy by August 28, 2018 and provide the policy to all current and prospective residents. This requirement has caused many coops and condos to consider making their buildings “smoke-free” by prohibiting smoking in individual apartments as well as the common areas of the building. Click here for FAQ regarding implementation of a smoke-free policy.
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Cooperatives and Condominiums Must Disclose Conflicts of Interest7/11/18 | By: Marc J. Luxemburg, Esq. | GDB Summer Newsletter
Section 727 of the Business Corporation Law (“BCL”), as enacted last year and recently amended, requires that every cooperative housing corporation incorporated under the BCL and every condominium must report to its shareholders or condo unit owners at least once a year of transactions voted on by the board where one or more of the directors is an interested party pursuant to Section 713 of the BCL. If there is no such transaction, the report must state specifically that no such transaction occurred. Please read on in order to learn what you must do to comply with this new law.
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Partner Beatrice Lesser Won a Unanimous Affirmance from the Appellate Division4/2018
Partner Beatrice Lesser won a unanimous affirmance from the Appellate Division in a case where the underlying issue concerned a cooperative corporation’s obligation to give a shareholder’s lender notice of the shareholder’s non-monetary default of the proprietary lease. Where the cooperative’s records do not include a copy of the lender’s recognition agreement, counsel is advised to perform an independent search on ACRIS for a UCC-1 and give the lender notice of the shareholder’s default even if it doesn’t have a copy of the recognition agreement.
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For a Mess Made by a Few, Many May Be Punished4/29/18 | The New York Times
GDB Partner, Peter R. Massa, Esq. is quoted in the Real Estate Section of The New York Times answering the question regarding what can be done if a mess is left in the common spaces of a co-op.
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Coops and Condos Be Aware: New Conflict Of Interest Reporting Obligations Go Into Effect on Jan. 1.10/26/2017 | By: David L. Berkey, Esq.
On September 12, 2017, Governor Andrew Cuomo signed into law Chapter 305 of the Laws of 2017, which imposes an annual conflict of interest reporting obligation on cooperatives and condominiums incorporated under the Business Corporation Law or Not-for-Profit Corporation Law. Chapter 305 goes into effect on January 1, 2018.
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A Commercial Retail Landlord’s Checklist10/23/2017 | By: Scott M. Smiler, Esq. | GDB 2017 Fall Newsletter
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Only In Brooklyn: Discrimination Against Baby Strollers8/10/2017 | Habitat Magazine
GDB Partner Beatrice Lesser on discrimination against baby strollers in Habitat Magazine
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Can a Stroller Be Sent to the Back Door?8/5/2017 | The New York Times
GDB Partner Beatrice Lesser is quoted in The New York Times
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The Heartbreak of a Co-op Rejection7/21/17 | The New York Times
GDB Partner Marc Luxemburg is quoted in The New York Times
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Short-Term (Airbnb) Rentals Are Not Only Illegal But Also Now More Costly7/5/2017 | By: Michelle P. Quinn, Esq. | GDB 2017 Summer Newsletter
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Helping Those Who Hoard6/30/2017 | The New York Times
GDB Senior Partner, David L. Berkey, quoted in The New York Times.
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Should I Tell the Co-Op Board I May Work From Home?2/25/17 | The New York Times
GDB Partner Beatrice Lesser quoted in The New York Times
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Low-Income Families in Leaky Townhouses Left to Fight for Themselves2/14/2017 | Crain's New York Business
GDB Partner Marc Luxemburg quoted in Crain's New York Business
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Harassing the Super12/17/16 | The New York Times
GDB Partner Marc Luxemburg is quoted in The New York Times
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Coop and Condo Boards: Do Not Ignore Second-Hand Smoke Complaints6/27/2016 | By: Peter R. Massa, Esq. | Summer 2016 Newsletter
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Condos Face Limitations on Fines and Fees and an Additional Burden of Proof2/11/2016 | By: Marc J. Luxemburg, Esq. | Winter 2016 Newsletter
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When is a Decision of a Cooperative or Condominium Board of Directors Reasonable06/07/2015 | By: Marc J. Luxemburg, Esq. | Summer 2015 Newsletter
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Courts Hold Cooperative and Condominium Boards to Strict Scrutiny02/10/2015 | By: Marc J. Luxemburg, Esq. | Winter 2015 Newsletter
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Coop and Condo Boards Must Pay Careful Attention to Building Documents12/08/2014 | Winter 2014 Newsletter
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Court Upholds the Authority to Impose Emergency Rent Increases in Mitchell-Lama Affordable Housing Developments09/08/2014 | Fall 2014 Newsletter
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Selecting the Right Methods for Dealing with Objectionable Conduct by Apartment Owners09/07/2014 | Fall 2014 Newsletter
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Should Cooperatives or Condominiums Permit Apartment Ownership by Trusts or LLC's?06/06/2014 | Summer 2014 Newsletter
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Tax Lien Foreclosure Proceedings on the Rise06/05/2014 | Summer 2014 Newsletter
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When Security and Privacy Concerns Clash in Multi-Family Buildings12/01/2013 | Winter 2013 Newsletter
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Appellate Court Partially Removes Important Protections for Individual Members of Cooperative and Condominium Boards09/10/2012 | Fall 2012 Newsletter
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Defaulting Condominium Sponsor or Commercial Unit Owner - Receivership may Be the Answer04/09/2012 | Spring 2012 Newsletter
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Cooperatives and Condominiums Are at Risk for Liability for Accidential Injuries in the Gym04/06/2012 | Spring 2012 Newsletter
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Mold: A Common Result of Water Infiltration - Not To Be Ignored04/05/2012 | Spring 2012 Newsletter
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When Sponsors Transfer Control of Condominiums to Unit Owners - Advice to New Board Members09/10/2011 | Fall 2011 Newsletter
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Cooperatives Refinancing Their Mortgages - Key Issues to Consider Concerning Bank Commitment Letters09/07/2011 | Fall 2011 Newsletter
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Co-op's Weapon against Objectionable Shareholders06/09/2011 | Summer 2011 Newsletter
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Filing Mechanic's Liens for Tenant Work06/08/2010 | Summer 2010 Newsletter
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Regulatory Policy on Commercial Real Estate Loan Workouts04/09/2010 | Spring 2010 Newsletter