LIEB BLOG

How current events impact your business and real estate holdings

Showing posts with label NYC Real Estate. Show all posts
Showing posts with label NYC Real Estate. Show all posts

Tuesday, June 18, 2019

Condo owners can access adjoining units to perform construction

Ever need to modify the pipes in your condo unit only to be denied access by your downstairs neighbor?

Those where the facts in the case of Marina Vornon and George Argiris v. Board of Managers of the Newswalk Condominium, et al. where the court granted such access.

This is the first time that a right to a construction license was granted in the condominium setting pursuant to RPAPL 881.

Moving forward, if you have a problem with your neighbor while performing condo construction, know that you have rights of access and if you can't negotiate those rights, a court can grant them to you in the form of a license.

Boards - take notice - knowing the law can avoid costly lawsuits.


Tuesday, August 28, 2018

NYC Smoking Policies Required Today

Local Law 2017-147, which addresses Administrative Code Sections 17-502, 506.1, 508, and 513.2, requires all condos, co-ops and rentals in NYC to have smoking policies as of today. 

These policies must be included in the deed, the lease, the bylaws or rules, posted prominently and noticed annually. 

There are no rules of what the policies must be, but instead just that they must exist.
The purpose of these laws is to empower individuals to make informed decisions about where to live. 

Landlords - avoid civil monetary penalties by getting compliant immediately.  

Tuesday, February 14, 2017

Important Administrative Decision - Bedbugs in NYC

In DOS v. Fletcher, a real estate broker was charged with incompetency and untrustworthiness for acting as a landlord's agent and failing "to assure that their client provided [the tenant] with the bed bug infestation history" for the unit.

As background, the Administrative Tribunal was addressing New York City's Administrative Code at §27-2018.1(a), which states:

For housing accommodations subject to this code, an owner shall furnish to each tenant signing a vacancy lease, a notice in a form promulgated or approved by the state division of housing and community renewal that sets forth the property's bedbug infestation history for the previous year regarding the premises rented by the tenant and the building in which the premises are located.

According to the Department of State, the "act of omission was a violation of the respondents' obligation to deal fairly and openly with a prospective renter."

Moving forward, all New York City Landlord's Agents MUST assure that their landlords provide the bedbug disclosure to avoid being charged with a license law violation.

Tuesday, October 25, 2016

The End of Airbnb in NYC

On October 21, 2016 Governor Cuomo signed a bill into law that amends the New York State Multiple Dwelling Law (“NYSMDL”) and the New York City Administrative Code to prohibit the advertising of certain New York City residential rentals with lease terms of less than 30 days. Although many short-term rentals in New York City are already illegal in order to prevent dwelling units from being used as transient hotels in violation of fire and building codes and other regulations, this law makes it clear that the advertising of such rentals is also prohibited. Now that this bill has become law, those who list rentals on Airbnb and other short-term rental websites may face a fine of up to $1,000 for the first violation, $5,000 for the second violation, and $7,500 for the third violation and any subsequent violations.

In 2010, the NYSMDL was amended to ban short-term rentals with terms of less than 30 days for class A multiple dwellings, which are dwellings used as permanent residences where each dwelling is occupied by three or more independent families. A dwelling is considered a permanent residence if it is occupied by the same natural person(s) for a period of 30 consecutive days or more.

Three exceptions exist to the 30-day restriction for class A multiple dwellings rentals. First, occupants who cohabitate with boarders or lodgers are exempt because they are sharing the space in a license scenario rather than granting exclusive occupancy in a lease, which is a prerequisite  to the applicability of the prohibition on short-term rentals. Next, where the occupants live in the class A dwelling for less than 30 days, but do not pay the permanent occupants for their stay, the restriction is also inapplicable. This situation occurs frequently when friends or family members stay at the residence when the owner is not home. Finally, class A multiple dwellings explicitly do not include hotels, rooming houses, boarding houses, club houses, and school dormitories.

There are also exemptions for some Class A dwelling units that are grandfathered from the prior law. This grandfathering occurred where a Class A dwelling was constructed before a specific date and was historically and continuously used for purposes other than as permanent residences. These units were allowed to convert to Class B (which is a class that includes, but is not limited to, hotels, rooming houses, boarding houses, club houses, and college dormitories) within 2 years after the effective date of the 2010 law if the owners could obtain a Class B certificate of occupancy and complied with all of the conditions and requirements within this 2-year conversion period. However, since these conditions and requirements were quite stringent, many such dwellings did not qualify for this conversion. Furthermore, those that did not convert to Class B by 2012 have missed their opportunity.  

Despite the 2010 law, short-term rental websites such as Airbnb have proliferated, each allowing individuals to list their apartments on these websites for short periods which inherently violate the NYSMDL. Under this new law, New York legislators have stopped the proliferation of these advertisements in their tracks.

The NYSMDL only applies to cities with populations of 325,000 or more. Realistically, this means that NYSMDL only applies to New York City, since it is the only city in the state with  a population of 325,000 or more. This new law essentially marks the end of short-term listings on Airbnb in New York City. In the war against short-term rentals that operate as illegal hotels, New York legislators has won its latest battle.


Monday, January 20, 2014

Free CE on 2/28 in NYC: Foreign Buyers (limited seating)!


Foreign Buyers


Instructor: Andrew Lieb, Esq., MPH

Credits: 3

Price: Free

February 28th, 2014: 11:00am to 2:45pm

Registration: Advanced Registration Required through www.liebschool.com 

International clients are all the rage … sometimes. Learn diverging perspectives on their ownership of US soil. Explore cultural sensitivity and anti-discrimination statutes while gaining an understanding of the real estate agents / educators need to familiarize foreigners with our local customs and laws. This course will split hairs between different levels of citizenship and the resulting rights and obligations afforded to purchasers. You will be familiarized with a multitude of reporting requirements and tax withholding statutes for purchasers, sellers and their property managers that can turn a foreign purchase into your worst nightmare, if ignored. After this course, the student will know what it takes to be a foreign buyer or the seller / property manager to such a buyer in New York.

Friday, May 24, 2013

Listen NYC Residents - Airbnb is Dangerous: Be warned

On November 8, 2012, we wrote a blog called Airbnb is Brilliant - NYC Housing. Therein, we said that "[a]   major barrier to their success are local laws that prohibit short term rentals in many municipalities across the Country". We also referenced NYC's rental law and said that maybe Airbnb's helping with housing in the wake of the hurricane would generate enough good will to overturn the City's minimum rental law.

It didn't.

On 5/9/13, a NYC resident was found liable for a $2,400 Civil Penalty for violating AC 28-118.3.2 as a result of renting his condominium unit (actually the rental at issue was offered by the tenant of the unit, but that is irrelevant for this discussion) to two Russian women from the 9th to the 14th of September in 2012.

NYC's minimum rental period law is designed to prevent transient guests, which is a topic that have discussed previously on quite a few occasions such as in February of 2010 and May of 2012. The thrust of the topic is that there are safety issues in permitting unregulated hotels to exist for consumers and that there are further issues for other unit owners in allowing unscreened strangers to have access in and out of their condominium and cooperative buildings. There are also many arguments that transient guests in neighborhoods greatly reduce property values.

Its important to note that the decision distinguished the violated act from simply having "house guests or lawful boarders, roomers or lodgers" who stay for less than 30 days. The decision sets forth that house guests cannot be strangers who pay for occupancy and with respect to the other terms it looks to the definition of a common household in the Code as "A common household is deemed to exist if every member of the family has access to all parts of the dwelling unit. Lack of access to all parts of the dwelling unit establishes a rebuttable presumption that no common household exists".

So, NYC residents stop using Airbnb, it advertises your illegal rentals and gives the government great evidence if they wish to prosecute. To read the decision for yourselves, click here.