Tag: Habitability

Community Living Withholding Your Maintenance Payments
Withholding Your Maintenance Payments

Conflicts between both unit owners and their co-op or condo, or between neighbors, can get ugly pretty quickly. Often due to many considerations--in particular the slow pace of anything in common-interest properties and the general reluctan…

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Law & Legislation The Warranty of Habitability
2013 November The Warranty of Habitability

Most New York residents—and certainly most New York attorneys are aware of the Warranty of Habitability. Few may know that its origins are statutory, and fewer still care that it contradicts common law, but most would be surprised by the t…

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Law & Legislation Handling Second-Hand Smoke Complaints
2013 June Handling Second-Hand Smoke Complaints

 Some of the most intense combat occurring in modern times is not that which has  taken place on battlefields, such as at Normandy, Pork Chop Hill, or in the la  Drang Valley, or currently in the mountains of Afghanistan, but rather in the…

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Q&A Q&A: Can I Put Maintenance in Escrow?
2011 April Q&A: Can I Put Maintenance in Escrow?

Q I’m a co-op owner in Nassau County, where my elderly mother lives. I have written repeatedly to the management company regarding water leakage issues we have been having, but while the management company had a remediation expert e…

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Q&A Q&A: Evicting Disruptive Neighbors
2010 April Q&A: Evicting Disruptive Neighbors

Q I own a co-op. A husband and wife live in a neighboring unit that is owned by their son. Many years went by without incident. But in the last couple of years, the woman has started verbally abusing me to the point that I have had …

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Q&A Q&A: Irresponsible Board President
2009 Oct Q&A: Irresponsible Board President

Q The board of our HDFC co-op is not fulfilling the needs of the building or maintaining its upkeep. The building structure is deteriorating, and the intercom system has not been working for over a year. Since the death of our last …

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Q&A Q&A: Secondhand Smoke
2008 March Q&A: Secondhand Smoke

 The tenant below me smokes nonstop. Her windows are always fully open and the smoke travels directly into my  apartment above. My apartment smells like an ashtray and of course leaves us vulnerable to  second-hand smoke. Even with our wind…

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Q&A Q&A: In the Dark
2007 Aug Q&A: In the Dark

Q My family lives in a beautiful three-bedroom apartment on the first floor of an Upper West Side apartment building in Manhattan. Twelve months ago the co-op elected to begin a re-pointing project on the exterior of our building that w…

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