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We have previously posted concerning a significant amendment to the property condition disclosure law in New York.  Previously, sellers of residential real estate were required to complete a detailed questionnaire concerning property conditions or issue a $500 credit at the closing for failure to deliver the document.  Many sellers, especially those in downstate NY, as serviced by our firm, preferred to issue the $500 credit instead of completing the form. The new law, which becomes effective on March 20, eliminates the seller’s option to issue the $500 credit.  Instead, it re ..read more

Recently in the news is a story about a couple who purchased a house in Queens after foreclosure.  After they completed their purchase, they discovered a “squatter” living in the house.  This story raises the question of who is legally defined as a squatter, and how can such a person be evicted? First, let it be said that this is by no means an unusual course of events in New York.  New York State laws, as well as many Judges in the landlord-tenant Courts, are notoriously “pro-tenant,” making it difficult to evict anyone, even squatters.  Changes in New York Real Property A ..read more

A recent case was filed in Supreme Court, Queens County by a group of corporations under the umbrella of the LeFrak Organization – one of the largest landlords in Queens.  The lawsuit was brought as an Article 78 proceeding.  An Article 78 proceeding is a lawsuit brought against a New York State official, or New York administrative agency, in which the plaintiff seeks to overturn a decision made by the official or agency on the grounds that it violated New York law. The plaintiffs in this action seek reform of the handling of housing court cases in Queens County, in which long delays ..read more

We have represented both landlords and tenants with respect to commercial leases.  This post will examine the particulars to be considered when a doctor or medical practice is the tenant. When evaluating a potential location, the proposed tenant should first determine whether the space is compliant with the Americans with Disabilities Act (“ADA”).  For instance, if the building has steps to its front entrance, is a ramp also installed to allow for wheelchair access?  Is there an elevator and if so, is it also suitable to be used by patients with wheelchairs.  Do the restro ..read more

Today is Valentine’s Day, and our firm extends best wishes to all the happy couples celebrating.  However, an unfortunate truth is that sometimes couples, whether they are man and woman, or of the same sex, will discover differences and break up.  When such a couple is legally married, they usually would consult a divorce attorney to negotiate the terms of the divorce and a fair division of their jointly-owned property. However, what happens when a couple are not married?  Marriage as an institution  is in decline, and many couples stay together for years, even decades, hav ..read more

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Many viewers have been intrigued by the popular television series The Golden Bachelor, in which an older widower selected the second love of his life as his fiancee.  The widower was portrayed as absent from the dating scene after the death of his wife.  On the eve of the final episode, an article was published describing the bachelor’s relationship after the death of his wife with a live-in girlfriend and unsavory details about the golden bachelor (Gerry).  For instance, Gerry’s thrifty side allegedly caused him to “go dutch” on all expenses and activities with his girlfriend ..read more

Weiss & Weiss would like to wish all a happy and healthy Thanksgiving holiday ..read more

A recent article in the New York Post reports on the tragic story of a New York City landlord who claimed he was “under pressure” and had “a lot of issues” with his tenants, namely, that they were late paying rent.  Unfortunately, the landlord responded to the situation by murdering his tenants, for which he has now been arrested and is in police custody. Obviously, this is the wrong way for a landlord to handle tenants who have not paid their rent.  What should the landlord have done instead?  This blog post will discuss the proper manner in which non-paying tenants should be d ..read more