When the Landlord Sends Workers
Q. I am a college student in upstate New York, and I am renting a house with seven others. The landlord sends in maintenance workers without notifying all of us. Is this legal? I feel extremely uncomfortable having these men in my house without prior notice. A. David A. Kaminsky, a Manhattan real estate lawyer, said that “since […]
A Seller Understates a Co-op’s Monthly Fees
Q. I recently purchased a co-op apartment. In both the broker’s listing materials and the sale contract, the maintenance fee was misstated by nearly $100. The maintenance had been increased in January, though the apartment was not listed for sale until May and the sale closed in August. Is there any recourse? A. David A. Kaminsky, a Manhattan […]
From the December 2007 issue of Apartment Law Insider
In the past, tenants who were facing eviction would file for bankruptcy as a last resort, buying time to either work things out with the owner or move. Since the Bankruptcy Abuse Prevention and Consumer Protection Act [119 Statute 23, 2005] came into effect, on Oct. 17, 2005, bankruptcy has had much less to offer […]
Can a Co-op Be Forced to Pay for Exterminator?
Q. The basement of our prewar co-op is undergoing renovation to enlarge the laundry room and storage space. In the process, the building has become riddled with mice. The building’s exterminator first sprayed poison in our kitchen, to no effect. He then put out baited glue traps, and I bought some spring-loaded traps and put cheese […]
Sibling Feud Could Stall Huntington Townhouse Deal
Lawsuit by brother of Huntington caterer’s owner lays claim to stake in the establishment, possibly forestalling its purchase by Lowe’s. The way Howard Silver views it, he played the role of a loving and supportive brother, a confidant to his younger sister, Rhona Silver — and he never asked for very much. He was her […]
Nosy Condo Suit
Subway’s bread may be fresh but it stinks to high heaven, residents of an Upper East Side condo claim. The condo has filed a $500,000 lawsuit against the downstairs Subway sandwich shop, complaining in court papers that odors from the eatery “are in the condominium building’s lobby, basement, hallways, stairs and even [reach] the resident […]
Ah, the Sweet Smell of . . . a $500,000 Lawsuit
A condominium board on the Upper East Side is asking a judge to stop a newly opened Subway restaurant from baking fresh bread, claiming the building is being “inundated with strong and nauseating food odors,” causing property values to plummet. The owner of the franchise, Tae Hyun Shin, 47, said yesterday that he had tried […]
Can a Garage Space Be Rent-Stabilized?
Q. When a tenant living in a rent-stabilized apartment rents a parking space in the building’s garage, is the garage rent subject to stabilization too? A. David A. Kaminsky, a Manhattan landlord-tenant lawyer, said a parking space in the garage of a rent-stabilized building is an “ancillary service” that may be provided pursuant to the lease for […]
Let There Be Not So Much Light
Q. My partner and I live on the 12th floor of a condominium on West 57th Street. Many of our apartment windows face Seventh Avenue. Directly across the avenue from us is an apartment whose residents are raising some sort of plant that requires a great deal of artificial light. This apartment has no window coverings […]
Lease Security Deposit Question
Q. Can we the tenants estimate the interest amounts due us and subtract it from the rent or use it towards the increase in the security deposit with the renewal of the next lease? A. Yes, according to David A. Kaminsky, a Manhattan lawyer, you should write your landlord saying you want the interest paid annually and if it […]