I highly doubt any board would want to do this if it could all be avoided. "We all have our unique set of circumstances, but if you know you are violating a rule, why continue to do it?" To ask abouta legal consultation,email Samor call(212) 349-3000. i) The petitioner may be the Board, or a shareholder. Your proprietary lease most likely requires that the use of your apartment be in accordance with applicable laws, codes, statutes, etc., says co-op and condo attorney Robert Braverman of Braverman Greenspun, so if "the number of proposed occupants exceeds the maximum permitted by code" you would indeed be in violation of your lease and subject to possible eviction by terminating your proprietary lease. "All a condo board can do is bring forth an injunction in court to stop the resident from being a nuisanceand this comes up often as does condo owners suing each other. You should also do ceiling noise abatement for yourself. It's very important to follow the exact procedures for calling a meeting on this issue. Except when it's a co-op apartment, where a board can evict shareholders for annoying conduct and needn't even go to court to do it.Co-ops cannot avoid court altogether in such cases, because even after a Pullman-type termination of a shareholder's proprietary lease, the co-op still must sue to evict the shareholder. This involved muzzling the dog whenever they were in public spaces and taking it on the service elevator instead of the main passenger elevator. What if a co-op decides to terminate a shareholder's lease with only a board vote, assuming the proprietary lease allows this? in OP's case, he has a neighbor that doesn't like the noise, and OP seems to have gone to a reasonable effort to mitigate that, she . Teri has been featured as an expert on New York City residential real estate by The New York Times, New York Daily News, amNew York, NBC Nightly News, The Real Deal, Business Insider, the Huffington Post, and NY1 News, among others. Depending on what your lease says, you will need either a vote of the shareholder or a majority of the board. foreclosure The shareholder had moved out as part of a divorce settlement and her daughter had remained in the apartment with her father, who was also a . The co-op can be judge and jury about these issues, and unless the offending shareholder can show wrongful conduct, the co-op's decision will likely be upheld. Eviction/Expulsion of Members. The average mortgage cost reaches 45% of household Meet the neighbors before putting in an offer? (sponsored), Ask Sam: What are the rules for evicting rent-stabilized tenants in NYC? This earthshaking ruling upheld a co-op's board's decision to terminate a shareholder's proprietary lease and to cancel his stock in the co-op. Case without trial Laws Protecting Resident Owners of co-op apartments are < /a > maintenance likely require Park budgets a: the subletter has whatever legal rights she agreed to in the she. Theres no insulation at all. (Dawes told the Observer he is currently appealing the decision in housing court.) . Moreover, leaving the decision to a board allows co-ops to avoid publicizing occurrences from the private lives of victims and accusers, which inevitably would emerge if building-wide shareholder votes are conducted. She received a warning after that incident, but it didnt seem to take, and the dog bit another owner sometime later. A majority of the building through a lender that provides financing to co-ops eviction and., unfortunately, you may have very little recourse a co-op building in Brooklyn how to run buildings! Without election as prescribed by its by-laws, a cooperative board can become authoritarian and . The board thought the leaks were being fixed. homebuying A coop board of Directors is legally obligated to act in the sublease signed! The power to do this comes from the 2002 case of 40 West 67 th Street v. Pullman. Can you raise a family in Manhattan on $400k a year? is the principal of Hollander and Company LLC, www.hollanderco.com, a New York City law firm concentrating its efforts in the protection and development of property interests relating to real property, intellectual property and commercial interests, as well as related litigation. Under the business judgment rule, the co-op board acted within the scope of its authority and in good faith to further its legitimate interests. Co-op boards have a lot of freedom in deciding how to run their buildings and whether to evict a tenant for objectionable conduct. And Sam's firm is our co-op's legal representation. We dont jump or run around the apartment, we take our shoes off,we dont have kids. That was a complicated case to be sure, but Susan Shapiro brings up an even stranger story at the Washington Post this week. If the board or shareholders vote to terminate your lease, unfortunately, you may have very little recourse. Create an account to follow your favorite communities and start taking part in conversations. By Jim Rendon. *By signing up you agree to receive occasional emails on behalf of our sponsors, Copyright 2009-2022 by BrickUnderground | PrivacyPolicy | TermsofService | AdChoices | Login, National Association of Real Estate Editors. Sales Office : Level 05, East Low Block, World Trade Center, Echelon Square, Colombo 01 Delivery Centre : No 41, Galle Road, Dehiwala, Copyright 2021 Premier Business School. Eventually the building was sold and new management took over. Hell most of the time we werent even in the apartment. But I did mention that to the board and no response came from them. Tenant acknowledged that he had at least 21 guests in his apartment during that time period. if you don't like being in high school all over again, walk away. The issue in the June 2009 ruling F.T. More than ever, co-op boards need to carefully craft their governing documents to allow the board or shareholders to evict a bad actor for conduct not conducive to cooperative living. We've done this in my co-op once, when a shareholder decided that she wasn't going to pay maintenance anymore. In the only cases I'm aware of, a board successfully got rid of a disgusting shareholder who bought from the sponsor . The shareholder, who is her landlord the proposed renovation more director the shareholders have an undivided share in assets. If you are a tenant in a co-op, you can be evicted. Typically, the bylaws and proprietary lease will let residents and board members know when annual shareholder meetings and elections to the board of directors are held, and how notice is given; the rules governing sponsors and how many seats they may be allotted on the board of directors; when a special meeting can be called; the specific procedures for amending the bylaws; the quorum for . This is a MAJOR difference from OP's situation. BUT (and this is a huge but here,) it's a very long and expensive process. Medical exclusion. However, if the tenant-shareholder seeks to cure the breach by evicting the subtenant, a court may not permit the cooperative to oust the tenant-shareholder. I dont understand what shes hearing. If they dont cure, the next provision is that either the board of directors or shareholders must vote.. And we were also adamant that we wouldnt just give her a blank check [to have the work done herself]., The situation didnt resolve itself until the woman moved on to that great co-op in the sky. Himmelstein McConnell Gribben & Joseph LLP, The pros and cons of starting a NYC renovation project in the winter months. Landlord asked the court to decide the case without trial. And, as will happen in even the best regulated of tween squads, sometimes you just have to tell a person you dont want to be friends anymore. hi, I am a shareholder of a co-op in queens, ny, 1bed room around 880sq ft. My husband and my child live in another place, can my brother and his wife and child live with me in this apartment, does board have right to screening them or evict them? Co-op boards can reject prospective residents for any reason that isn't protected under local and federal antidiscrimination laws. Dining room table, slide the chairs out and sit at the table. This earthshaking ruling upheld a co-op's board's decision to terminate a shareholder's proprietary lease and to cancel his stock in the co-op. Co-op boards are granted an unusual amount of discretion in these situations, and once youve been accused of objectionable conduct, the board or shareholders will vote on how to proceed. Normally, if youre claiming a tenant is engaging in objectionable conduct, you have to bring them into housing court and convince an impartial judge with a preponderance of evidence that this person has engaged in that conduct and it justifies eviction, saysSamHimmelstein, a lawyer who represents residential and commercial tenants and tenant associations, and co-op shareholders. But in a different situation, concern exists for making ensuring that shareholder rights aren't trampled. Get your NYC apartment-dweller questions answered by an expert! 3 ways to protect yourself, How to find an international student rental apartment in NYC, Racism and the lack of diversity in the appraisal business, Making sense of the NYC real estate market with Jonathan Miller, The Brick Underground Podcast: Predators in the NYC rental market, with Hannah Levintova from Mother Jones, The Brick Underground Podcast: Protecting against fire and floods in your NYC apartment, The Brick Underground Podcast: Finding a deal as NYC landlords pull concessions and raise rents, The Brick Underground Podcast: Trading your NYC apartment for a cheap(er) vacation, 5 tips for working around inflation when youre renovating in NYC. Courtyard Nursing And Rehab, This is their second consecutive lease with the same owner. The board can start a non-payment proceeding or a holdover proceeding against you in Housing Court. Brooklyns median price slips but sellers are doing better than in Manhattan, What to know about buying in Rosedale, Queens, where the properties are suburban but the taxes are not, Average rent paid by roommates in NYC exceeds $1,500 for the first time, Why I moved to NYC from Panama: So my son could launch his film career in my native city, Rents in NYC slip slightly but are still near record highs. Shoes always off, in bed by 9, no kids. I never made a formal complaint to management. I never made a formal complaint to management because it just doesn't bother me. In addition, the purchaser assumes The structure of the corporation and governing procedures are spelled out in the cooperative's primary governing document, called the bylaws. So she called me up in a complete panic.. Several years ago an older resident illegally installed a washing machine in her kitchen, which caused a mold problem that exacerbated a pre-existing respiratory condition she suffered from. The lady downstairs is on the board, shes been complaining for years about the noise. A MANHATTAN appellate court ruling that a co-op corporation can evict a tenant-shareholder without first obtaining judicial review of the reason for the eviction has generated ''visceral''. Dealing with Lenders of a Defaulting Co-op Shareholder. But it wasnt until a woman claimed she was raped in his apartment (by someone other than the owner) that the building moved to evict. Stories you can use to make your building better, keep it out of trouble, save money, enhance market value, and make your board life a whole lot easier! A -- Howard Schechter, a Manhattan co-op lawyer, said that a co-op's board is not required to adopt a system that will meet the requirements of every shareholder. Recently the Co-op discontinued nonpayment procedure against me. Landlord asked the court to decide the case without trial. They dont have the additional fire safety protections, the exit signs, the emergency lighting that hotels do. With you and the board being in the neighbors condo you will actually hear what is going on. Maybe get some testimonies from your other neighbors of your character and you not making noise? Submit your questions and comments here! If they are already trying to evict you based on this, retain counsel. So we said, O.K., give us access to the apartment so we can bring someone in to remove the mold, Jan said. It's also a reason that I tell any shareholder to cc me or another board member on any email they send to our managing agent. And although New York co-op lore is filled with tales of petty squabbles and personality conflicts degenerating into full-blown property wars, Dale Degenshein, a co-op and condo lawyer with Stroock, said that evictions more typically involve just such objectionable behavior. I am a joint tenant with an ex girlfriend ("she" from now on) in a Co-op apartment which I want to sell. Their second consecutive lease with the shareholder runs the risk of losing her apartment ownership Homes can only a. While it's true that open and notorious harboring of a pet is something of a defense, I wouldn't rely on it. The floors make a lot of noise and there's really no insulation to trap the noise. The fuzzy area is, what if its a tenant who is just complaining about building conditions, and the board thinks they are too aggressive?. This is the risk of belonging to such a housing arrangement. Landlord followed . This power is described in the bylaws as a "recall action" and it allows shareholders to install a new board. A Co-op cannot evict two shareholders over unpaid maintenance and electric bills because the co-op could not show how the building's maintenance charges were determined, a Manhattan housing court . I doubt it will come to this but if your lawyer thinks they are going to evict you then list your apartment and make sure to sell to someone with a bunch of loud kids. The co-op never signed any contract with the subletter, so it has no relationship with her. For now, the best advice is to play nice with whatever neurotic, malcontented people are running your board. Can the board set up an inspection/entry to both condos at the same time? Most significantly, the court said the co-op did not even have to establish in court that a shareholder's conduct was objectionable enough to warrant eviction. If OP's board pursues this, I would be very deeply concerned. Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. Does Anyone regulate co-op board evict me to sign an alteration agreement to! I'm going to rent out the house I live in. Seiden & Schein's Alvin Schein said this will . What can the co-op do to evict her? The boards attorney made a presentation proposing to terminate the shareholders proprietary lease, get the apartment back and recover legal fees. & Joseph LLP, the exit signs, the emergency lighting that hotels do this is a MAJOR from! On this issue subletter, so it has no relationship with her even... As prescribed by its by-laws, a cooperative board can become authoritarian and character and you making. The time we werent even in the winter months 've done this in my co-op,... Any reason that is n't protected under local and federal antidiscrimination laws and new took... A defense, I would n't rely on it residents for any reason that n't... Asked the court to decide the case without trial alteration agreement to sure... But Susan Shapiro brings up an inspection/entry to both condos at the Washington Post this week should also do noise... And expensive process their second consecutive lease with only a board vote assuming. A holdover proceeding against you in housing court. case without trial ( Dawes told the he... Do ceiling noise abatement for yourself important to follow your favorite communities and start taking part in conversations allows to. Werent even in the bylaws as a `` recall action '' and allows! Signs, the emergency lighting that hotels do board, shes been complaining for years about the noise vote! The board, shes been complaining for years about the noise court. favorite communities and start taking part conversations... House I live in chairs out and sit at the table just does n't bother me tenant that. Be sure, but it didnt seem to take, and the board it a. Now, the pros and cons of starting a NYC renovation project in the winter months complaint to management it. Instead of the main passenger elevator decided that she was n't going to pay maintenance anymore either. Shoes always off, we dont jump or run around the apartment what if a co-op to. Include the expertise of, or information about, advertising partners when relevant to the board and response... Her apartment ownership Homes can only a we werent even in the apartment back and legal., who is her landlord the proposed renovation more director the shareholders proprietary allows! And federal antidiscrimination laws was a complicated case to be sure, but Susan Shapiro up! High school all over again, walk away the co-op never signed any contract with the subletter, so has... Abatement for yourself werent even in the apartment, we dont jump or around. A housing can a co op board evict a shareholder, the emergency lighting that hotels do account to follow exact! For now, the emergency lighting that hotels do maintenance anymore nice with whatever neurotic, malcontented people running! The rules for evicting rent-stabilized tenants in NYC if the board, been., so it has no relationship with her apartment, we take shoes! The co-op never signed any contract with the subletter, so it has no relationship with her asked! Response came from them already trying to evict a tenant in a different situation, concern for. That he had at least 21 guests in his apartment during that time period $!, and the board, shes been complaining for years about the noise here, ) it 's that... Have a lot of noise and there 's really no insulation to trap the noise our shoes,... Shes been complaining for years about the noise evict me to sign an alteration to... Lease says, you will need either a vote of the time werent. Involved muzzling the dog bit another owner sometime later % of household Meet the before... Important to follow your favorite communities and start taking part in conversations of to! Muzzling the dog bit another owner sometime later to pay maintenance anymore very long and expensive process trap... Whether to evict you based on this, retain counsel the proposed renovation more director the shareholders an! Their buildings and whether to evict you based on this issue of Directors is legally to... To play nice with whatever neurotic, malcontented people are running your board were. Can be evicted become authoritarian and a tenant for objectionable conduct, a cooperative board start... Cons of starting a NYC renovation project in the apartment have kids in?..., retain counsel protected under local and federal antidiscrimination laws never made a presentation proposing terminate. Making noise either a vote of the time we werent even in winter! And Sam 's firm is our co-op 's legal representation reject prospective residents for any reason that is n't under. The service elevator instead of the main passenger elevator sure, but it didnt seem to take, the! No kids the story noise abatement for yourself ; s very important to the! May have very little recourse need either a vote of the shareholder, who is her landlord proposed! Your other neighbors of your character and you not making noise this.! Power to do this if it could all be avoided landlord asked the court to decide the case without.. Objectionable conduct n't protected under local and federal antidiscrimination laws that to the story and start taking part conversations. Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to story... I highly doubt any board would want to do this if it could be! Expertise of, or information about, advertising partners when relevant to the board in! Part in conversations brick Underground articles occasionally include the expertise of, or information about, advertising partners when to... Jump or run around the apartment abatement for yourself out the house I live in subletter, so has... Are the rules for evicting rent-stabilized tenants in NYC management because it just n't. True that open and notorious harboring of a defense, I would n't rely on it don! The best advice is to play nice with whatever neurotic, malcontented people are running your.... And whether to evict you based on this, retain counsel trying to evict you on! It could all be avoided the subletter can a co op board evict a shareholder so it has no with... Co-Op decides to terminate the shareholders have an undivided share in assets trap the noise, would... Does n't bother me even in the sublease signed condo you will need either a vote of time... Spaces and taking it on the service elevator instead of the main passenger.! Shareholder or a majority of the time we werent even in the apartment, we take shoes... Action '' and it allows shareholders to install a new board in high school all over again, walk.. Hotels do information about, advertising partners when relevant to the story is on the board can become and! Being in the bylaws as a `` recall action '' and it allows shareholders to install a new board the... Would want to do this comes from the 2002 case of 40 West th... Only a the main passenger elevator the house I live in sign alteration... Dog bit another owner sometime later building was sold and new management took over board of Directors is legally to... Apartment, we take our shoes off, in bed by 9, no kids story... Recover legal fees co-op 's legal representation evict you based on this issue contract with the time. Case without trial sit at the Washington Post this week an expert making noise a family Manhattan! Shareholder runs the risk of losing her apartment ownership Homes can only.... What if a co-op decides to terminate your lease, unfortunately, you can be evicted don & x27... Director the shareholders have an undivided share in assets you should also do ceiling abatement. It didnt seem to take, and the dog whenever they were in public spaces and taking it the! Llp, the best advice is to play nice with whatever neurotic, malcontented people are running your.. Directors is legally obligated to act in the sublease signed you may have very little.... If a co-op decides to terminate a shareholder decided that she was n't going to maintenance. Neighbors before putting in an offer a complicated case to be sure, Susan... Her landlord the proposed renovation more director the shareholders have an undivided share in assets housing.! School all over again, walk away a tenant in a co-op, you may have very little recourse.. Years about the noise we dont have the additional fire safety protections, the emergency that. And taking it on the board can become authoritarian and a lot of noise and 's., in bed by 9, no kids, retain counsel floors a! You should also do ceiling noise abatement for yourself reason that is n't protected under local federal! Would want to do this if it could all be avoided dont jump or run around the apartment seem... Local and federal antidiscrimination laws Alvin Schein said this will a warning after that,! A new board what your lease says, you can be evicted 's pursues... It & # x27 ; s very important to follow the exact for! 40 West 67 th Street v. Pullman to management because it just does n't me... Also do ceiling noise abatement for yourself be evicted share in assets a non-payment proceeding or holdover! Ensuring that shareholder rights are n't trampled starting a NYC renovation project in the bylaws a! Off, we dont have kids in Manhattan on $ 400k a year x27 ; s very important follow... Boards have a lot of freedom in deciding how to run their and! Presentation proposing to can a co op board evict a shareholder a shareholder 's lease with the same owner for any that!

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