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Cooperatives

  • By: Stephen Lasser
  • Published: April 10, 2019

Pursuant to the statute New York Real Property Law § 235-b enacted in 1975, every residential lease contains an implied warranty of habitability (“WOH”).  This statutory WOH guaranties residential tenants that there will not be conditions in their apartments which are dangerous, hazardous or detrimental to their life, health or safety. Over time, New York courts started awarding rent abatements…Read More

  • By: Dominique Miller & Stephen M. Lasser, Esq. Article
  • Published: August 10, 2018

Since 2010, renting out apartments in multiple dwelling for a term less than 30 days has been illegal in New York State under § 4 of the New York Multiple Dwelling Law (the “N.Y. Mult. Dwell. Law”). As discussed in our December 20, 2016 post “Airbnb Settles with New York State: New Developments in Short-Term, Rental Law,” in 2016, Airbnb…Read More

  • By: Gaetano Bizzoco, Article
  • Published: August 10, 2018

In order to discourage smoking throughout New York City, on August 28, 2017 the New York City Council passed Chapter 5 of the New York City Health Code, the Smoke Free Air Act. The legislation includes NYC Administrative Code 17-506.1 which requires all class A multiple dwelling buildings, including cooperatives and condominiums, to create and distribute a building-wide smoking policy…Read More

  • By: Michael Kayam, Article
  • Published: January 30, 2018

A new New York State law was recently enacted, effective January 1, 2018, which requires board members involved in interested transactions to provide disclosure of these transactions to the owners in their associations. The new law adds a new Section 727 to the New York Business Corporation Law (the “BCL”) and a new Section 519-a to the New York Not-for…Read More

  • By: Stephen Lasser, The New York Cooperator
  • Published: March 24, 2017

Q: I was recently made aware that a sex offender moved into my building. He moved into his girlfriend’s apartment. I made the board aware of this—even gave them a printout from criminal justice. We have a lot of children living in our community. Does the board have a legal obligation to advise the shareholders that a sex offender lives…Read More

  • By: Stephen Lasser, Article
  • Published: December 20, 2016

Airbnb is a global technology company with huge revenues that facilitates apartment rentals by owners and tenants to third parties, often tourists, on a short-term basis.  Airbnb reached a settlement with New York State earlier this month, which dropped the lawsuit Airbnb brought challenging a new law that went into effect in October 2016, which would have levied fines from…Read More

  • By: The New York Times, Quoted "Stephen Lasser"
  • Published: April 9, 2016

Applying to live in a co-op is a daunting experience. You bare your financial soul, pay enormous fees and endure a prying interview. After you subject yourself to such scrutiny, a fickle board can reject you for no reason at all. But to charge a rejected applicant a move-in fee for a move that never transpired seems particularly cruel. The…Read More

  • By: Stephen Lasser, The New York Cooperator
  • Published: November 24, 2015

Q. This is a very common age-old question in a cooperative. What are my rights for inheriting a co-op apartment if the unit owner unfortunately dies? If a unit owner is deceased and the property is turned over to the estate, what are rights of a relative, for example, let's say the apartment owner’s siblings, to allow them to move…Read More

  • By: New York Cooperator, Quoted "Stephen Lasser"
  • Published: July 24, 2013

Some situations might be more acceptable to condo boards (and neighbors) than others, depending upon the community, Stephen M. Lasser, Esq., a partner with the Manhattan-based law firm of Barton LLP, says. “Temporary situations such as relatives living with other relatives during a period of unemployment or while they are searching for other housing is more acceptable,” Lasser says. An…Read More

  • By: The New York Times, Quoted "Stephen Lasser"
  • Published: April 19, 2012

Q: It is common knowledge in our Manhattan co-op that our superintendent allows his brother to live in a storage room in the basement. Many shareholders believe this is a serious liability risk to the co-op, but the board allows it to continue. What can be done? A: “Allowing the superintendent’s brother to live in a basement storage room creates…Read More

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