Recently, New York City Council Speaker Corey Johnson proposed a new law called the “Small Business Jobs Survival Act.” The Mayor of New York City, Bill de Blasio, has questioned the legal underpinnings of the proposed law. The law has also been described as legalizing commercial rent control in New York…
New York Real Estate Lawyers Blog
Controlling Tenant Attributes in Commercial Leases
Landlords who lease commercial space typically concern themselves with the quality of a proposed tenant so that such character is consistent with that of other tenants occupying the property. Such concern is reflected in particular provisions found in a commercial lease. This post will discuss some of the more common tenant “character”…
Subletting and Possible Cooperative Rule Violations
Previous blog posts have discussed potential cooperative rule violations and the procedures to be followed by the co-op when a shareholder violates provisions of the proprietary lease or the house rules. This post will discuss more specifically the issues which arise when a shareholder attempts to sublet their co-op apartment to…
Defending Cooperative Foreclosures in New York
Several of our prior blog posts have dealt with defending foreclosure actions for real property. However, in New York State, and especially in New York City, many apartments are held as shares in a cooperative corporation, also known as “coops”. Rather than owning real property, coop owners own shares in a…
Happy Labor Day from Weiss & Weiss
Respecting the Queen of Soul: Money Sweeter than Honey
Music lovers, reeling from the recent news of Aretha Franklin’s death, have now found out that the “Queen of Soul” died intestate, without a will. This blog has previously addressed the matter of another musician, Prince, having passed away without a will and the legal repercussions. We will address the…
Converting Stores to Apartments – A Solution to Westchester’s Housing Shortage?
Recent news in Westchester County is that the Wal-Mart store in downtown White Plains is scheduled to close on August 10 of this year. Our blog has recently explored the legal issues relating to a store closing for good, especially where there is an existing lease. An interesting point regarding the…
Diminished Capacity and Undue Influence: How New Yorkers’ Wills Could be Invalidated
News outlets have recently reported on the Will contest brought by the children of the late country singer Glen Campbell. This post will address the concepts of diminished capacity and undue influence and whether these concepts can potentially invalidate a Will in New York. In general, a person can make…
What Happens to Post-Foreclosure Surplus Monies in New York?
Prior blog posts have dealt with various aspects of foreclosed properties in New York State. This post discusses the possibility of a deficiency judgment being entered against the borrower. This can occur when the value of the property is less than the amount owed by the individual who signed the note and…