Gallet Dreyer & Berkey, LLP | Real Estate Law

11/10/2020 | By: Morrell I. Berkowitz, Esq.| GDB 2020 Fall Newsletter

As we are approaching the end of 2020, boards, managing agents, and owners should ensure that they are in compliance with Local Law 87, which requires, among other things, “energy audits” and “retro-commissioning of base building systems” that affect virtually every apartment building in New York City, whether a cooperative, condominium or rental. This ordinance has broad-ranging requirements affecting every significant building system, specific reporting requirements, and financial penalties for failure to comply.

Primary Residence in a Time of Quarantine

11/10/2020 | By: Michelle P. Quinn, Esq.| GDB 2020 Fall Newsletter

Greater New York has been on lockdown since March 20, 2020. Restaurants, stores, and other retail establishments were closed entirely for the better part of the summer. Non-essential workers are beginning to return to their jobs, though only a portion are taking public transportation, eating out, or shopping locally. Those continuing to stay home have even less contact with the outside world.

In light of these home-bound habits, landlords and tenants alike face difficulty in verifying a tenant’s primary residence.

Protect Against Unknown Real Estate Filings Using the ACRIS Notice of Recorded Document System

9/25/2020 | By: Jay L. Hack, Esq.

Our clients have recently experienced an uptick in problems with real estate documents that were either incorrectly or “secretly” recorded against property in the New York City Register’s office. Problems arising from such recordings were discovered years after the documents were recorded, when solving the problems had become difficult. Even when our clients had title insurance to protect against an error, a stitch in time would have been much less costly, and less aggravating, than nine stitches of cure. Thus, we are republishing a notice that we distributed six years ago about a procedure available through the New York City Register’s Automated City Register Information System (ACRIS) to obtain alerts about real estate filings.

Trump Order Protects Certain Tenants from Eviction until December

9/8/2020

President Donald J. Trump issued an Executive Order on August 8, 2020 placing a further moratorium on evictions through December 31, 2020, in keeping with State Executive Orders issued in New York earlier this year by Governor Andrew M. Cuomo, and in response to the July 24, 2020 expiration of the 120-day moratorium on eviction filings set forth in the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act passed by Congress.

Update on Commercial and Residential Evictions

8/13/2020 | By: Beatrice Lesser, Esq.

On August 12, 2020, New York Courts extended the freeze on evictions until October 1.

Just A Minute – Not Too Long, Not Too Short,
How Goldilocks Likes Her Board Minutes

February 2020 | By: Michelle P. Quinn, Esq. | GDB 2020 Winter Newsletter

When 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.

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.

How to Comply with Part M of The Housing Stability and Tenant Protection Act of 2019

November 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.

Summer 2019 Newsletter

Summer 2019 | Summer 2019 Legal Update

Spring 2019 Newsletter

Spring 2019 | Spring 2019 Legal Update

Partner Beatrice Lesser Quoted in The New York Times

09/07/2019 | 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?

New Tenant Protection Legislation May Also Impact Cooperatives and Condominiums

July 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.

A Properly Managed, Organized, and Prepared Committee Can Be an Invaluable Asset to Boards

July 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.

Keeping Up With the Times: New York City Housing Court Seeks to Implement Changes

May 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.

How to Prepare for and Conduct Your Annual Meeting

May 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.

Partner Scott M. Smiler closed on a $52.3 million dollar loan for Lindsay Park

Winter 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.

Winter 2019 Newsletter

Winter 2019 | Winter 2019 Legal Update

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.

Help! My Co-Op Has No Leader and Might Collapse

12/29/2018 | 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.

The Perils of the Moonlighting Super

11/8/2018 | Habitat Magazine

GDB's head of the Coop and Condo Law Practice, David L. Berkey, Esq. is quoted in Habitat Magazine.

Fall 2018 Newsletter

10/24/18 | GDB 2018 Fall Newsletter

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.

Partner David L. Berkey lectured on Pre-Contract Due Diligence

9/2018

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.”

Senior associate Michelle P. Quinn conducted a seminar on landlord and tenant issues for Lorman Education Services.

10/2018

Service Animals and the “No Dog” Building

7/11/18 | 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.

Making a Building Smoke-Free? Here are Answers to Some Commonly Asked Questions

7/11/18 | 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.

Cooperatives and Condominiums Must Disclose Conflicts of Interest

7/11/18 | 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.

Partner Beatrice Lesser Won a Unanimous Affirmance from the Appellate Division

4/2018

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.

Summer 2018 Newsletter

7/11/2018 | GDB 2018 Summer Newsletter

Legal Update

For a Mess Made by a Few, Many May Be Punished

4/29/18 | 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.

Spring 2018 Newsletter

4/4/2018 | Spring 2018 Newsletter

Legal Update

Winter 2018 Newsletter

1/29/2018 | GDB 2018 Winter Newsletter

Legal Update

When Alterations Become a Headache...The Cause is in these Clauses

10/2017 | Habitat Magazine

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.

A Commercial Retail Landlord’s Checklist

10/23/2017 | By: Scott M. Smiler, Esq. | GDB 2017 Fall Newsletter

Fall 2017 Newsletter

10/23/2017 | GDB 2017 Fall Newsletter

Legal Update

Only In Brooklyn: Discrimination Against Baby Strollers

8/10/2017 | Habitat Magazine

GDB Partner Beatrice Lesser on discrimination against baby strollers in Habitat Magazine

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

The Heartbreak of a Co-op Rejection