Blog Posts in May, 2015

What Are a Landlord's Duties Under the "Warranty of Habitability"?

The “warranty of habitability” is an important concept in New York real estate law. If you lease a residential property such as an apartment or condo, by law you guarantee the premises are “fit for human habitation.” This does not mean the residence must be in new or perfect condition, but it does mean the conditions are “in accord with the uses reasonably intended by the parties” and there are no ...

Is a Contract Enforceable If It Violates the Law?

New York courts will not enforce certain contracts if they violate state law or public policy. But that does not mean a contract is automatically unenforceable if it violates a state law. Rather, the court must determine the violation compromises “public health or safety.” or is otherwise “gravely illegal and immoral.” A recent decision by a Manhattan trial judge illustrates how this policy works ...

Do Debt Collectors Have to Warn You About Tax Consequences?

Many of us are struggling with credit card debt. If you have a delinquent account, a debt collector hired by the original creditor may approach you and offer a settlement. While a settlement may allow you to resolve the creditor's claim for a fraction of what you may owe, it's important to understand the potential legal and tax consequences. A federal appeals court in New York recently addressed ...

Court of Appeals Says No Statute of Limitations for Forged Deed Allegations

New York's highest court recently addressed a legal dispute arising from an allegedly forged deed. There is no question a forged deed is invalid. But the question here was whether the parties wrongfully deprived of their property by the alleged forgery had filed their claim too late to be heard by the courts. Faison v. Lewis This case revolves around the ownership of a house in Brooklyn. The owner ...

The ASCAP Royalty Decision and Understanding Business Agreements

The American Society of Composers, Artists and Performers represents roughly half the musical composers and song publishers in the United States. Basically, individual artists assign their publishing rights to ASCAP, who in turn licenses the works to others businesses. Since the 1940s, ASCAP's business practices have been subject to a “ consent decree” with the Antitrust Division of the U.S. ...

Long Island Senator's Arrest Highlights Corruption in Real Estate Lobbying

New York's real estate world was rocked by recent corruption charges against a powerful Long Island politician. On May 4, the United States Attorney's office in Manhattan announced the arrest of Dean G. Skelos , the majority leader of the New York State Senate, together with his son, Adam Skelos. Sen. Skelos is accused, in part, of illegally extorting money from a real estate developer in exchange ...

How a Property Sale Can Affect the Right to Challenge a Tax Assessment

Property taxes are an important consideration in just about every real estate transaction. If you are contemplating buying property, you want to have some idea of its assessed value and potential tax liability. You must also be aware of how prior or pending legal proceedings may affect your rights once you assume title to the property, as a recent decision by the Appellate Division, Second ...