New York City Real Estate Law Blog

Zoning restrictions impact both use and land value

On behalf of Nadel & Ciarlo, P.C. posted in Real Estate Disputes on Friday, May 17, 2019.

Zoning restrictions can lead to complicated real estate transactions and even disputes when the restrictions are not clear or are misrepresented in some fashion. The reason that these situations are so tricky is that the restrictions from the city can have a massive impact on both the way that you can use the land and the value of that land.

For instance, a piece of land with no zoning restrictions has the highest value, in many cases, because it has the widest pool of potential buyers. Anyone can buy it and use it as they see fit. As soon as zoning restrictions start to come into play -- saying that a property can only be used for manufacturing, for instance, or commercial enterprises -- the potential pool shrinks dramatically. Anyone who has other plans for the development either has to look elsewhere or consider asking the city for a variance. A variance isn't a given and many buys won't want to deal with it anyway, so the value plummets.

Is it possible to defend against eviction?

On behalf of Nadel & Ciarlo, P.C. posted in Landlord/Tenant Matters on Friday, May 3, 2019.

If you have received an eviction letter from your landlord in New York, it is likely that you will be feeling worried about your future housing options. Losing your home so unexpectedly can be upsetting and will feel unfair. You may be wondering whether there is any legal action you can take to prevent eviction actions from taking place.

It can be possible to defend yourself from an eviction notice if the landlord did not have grounds to evict you. The following are some options that you may be able to use depending on your specific circumstances.

Don't get into assumption financing without careful consideration

On behalf of Nadel & Ciarlo, P.C. posted in real estate transactions on Friday, April 19, 2019.

What is assumption financing in regard to a home mortgage?

Essentially, it means you obtain an ownership interest in a home from someone else by accepting the responsibility for the payments and terms of the existing mortgage. Often, the original buyer will also remain liable for the loan as well -- just in case you default. (On rare occasions, the bank may agree to release the original borrower from liability.)

Understanding the steps to getting a short sale approval

On behalf of Nadel & Ciarlo, P.C. posted in real estate transactions on Friday, April 5, 2019.

If you are feeling overwhelmed by your mortgage, and you need to get relief from the repayment obligations, your best option might be to go through a short sale. In order to do this, you will need approval from your mortgage lender. In the best-case scenario, they will permit you to go through a short sale and write off the mortgage, even if the equity generated from the home is not sufficient to do so.

Going through a short sale is difficult for a number of reasons. It is important that you understand the steps required before embarking on the process.

Great responsibilities for New York City landlords

On behalf of Nadel & Ciarlo, P.C. posted in Real Estate Disputes on Friday, March 22, 2019.

For all the bad press New York City landlords sometimes unfairly get, there are far more diligent and responsible landlords who make timely repairs to make sure their tenants live in a safe environment.

Despite the best of intentions, however, safety breaches and unforeseen incidents can occur that lead to residents getting injured. To keep injuries at a minimum, it's helpful for the property management company or building superintendent to follow a clear list of safety and maintenance procedures.

A few things you should know about subletting an apartment

On behalf of Nadel & Ciarlo, P.C. posted in Landlord/Tenant Matters on Thursday, March 7, 2019.

Subletting someone's apartment is a relatively common practice in New York City. Maybe you need a place to stay for the summer before you start classes at NYU and you find a friend of a friend who's off shooting a movie in Europe for the summer. It's a win-win, right? You get an apartment close to your job and he gets reimbursed for his rent while he's away. Some tenants also sublet their New York apartments even though they're currently living upstate because they don't want to lose them.

However, what if you find out that while you've been paying rent to the primary tenant, that tenant isn't paying the landlord? Can you be required to leave the apartment even though you've kept up your end of the bargain? It depends.

Common causes of short sales

On behalf of Nadel & Ciarlo, P.C. posted in real estate transactions on Friday, March 1, 2019.

Many homeowners have no problem affording their monthly mortgage repayments until they experience an unexpected event that disrupts their finances. This can set off a domino effect that can lead them into debt and can spark wide-ranging cash flow problems.

If you are struggling to pay your mortgage, you may be looking into your option to avoid losing your home. Many people are worried about foreclosure and want to do everything that they can in order to prevent it. This often means that they consider going through a short sale or a bankruptcy.

Resolving a dispute with your homeowners association

On behalf of Nadel & Ciarlo, P.C. posted in Real Estate Disputes on Friday, February 22, 2019.

If you have purchased real estate that is controlled by a homeowners association, it means that you are automatically part of the association after the purchase. This usually means that you have to pay a certain amount of money to contribute to the running of the homeowners association and to maintain the upkeep of shared facilities.

While homeowners associations are set up with the intention of benefitting the lives of all the members, disputes between a homeowner and the association itself can sometimes arise. If you have found yourself in a dispute with your homeowners association, you may need to look at your legal options so that you are able to resolve the issue.

Do the following things before renting out your New York property

On behalf of Nadel & Ciarlo, P.C. posted in Landlord/Tenant Matters on Friday, February 15, 2019.

If you are a landlord and you are going through the process of renting out your property in New York, it is important that you take the appropriate steps to ensure that no disputes arise. Disputes between landlords and tenants can be stressful for everyone involved, and they can also lead to costly litigation. Furthermore, they can often be avoided through proper communication from the start.

There are many things that you can do to make sure each person's responsibilities are made clear. A lot of this can be done through the lease terms. The following are some tips to make your role as a New York landlord easier.

Making an offer on a short sale property

On behalf of Nadel & Ciarlo, P.C. posted in real estate transactions on Friday, February 8, 2019.

If you are attempting to buy a short sale home, this can potentially be a lucrative deal because it can be possible to get a home under the market value. However, there can be complications in the procedure that you should be aware of before embarking on the journey.

A short sale generally means that the seller of the property is struggling financially, and therefore, can no longer afford their mortgage payments. Therefore, they are under pressure to sell the home as quickly as possible. The bank that they are in debt to will ultimately have the power to decide whether the sale price is adequate; therefore, this is the party that you will need to appease.