Call 855-808-4530 or email GroupSales@alm.com to receive your discount on a new subscription.
When developers convert occupied buildings to condominiums or, less frequently, cooperative ownership, non-purchasing tenants are protected from eviction. When tenants in those buildings acquire vested rights as non-purchasing tenants is significant for developers, because the timing dictates the number of units that will be available for sale to outside purchasers. It is, therefore, no surprise that this is a highly charged and contested issue. Kessler v. Carnegie Park Associates, et al., represents the most recent effort by a group of tenants to expand their rights and to retain possession of otherwise unregulated units. In Kessler, plaintiffs unsuccessfully claimed that eligible senior citizens and eligible disabled persons are entitled to non-purchasing tenant status under the Martin Act upon acceptance of a non-eviction offering plan for filing. The Supreme Court and the Appellate Division made short-shift of their baseless claims and dismissed the complaint on a pre-answer motion to dismiss, recognizing that plaintiffs had ignored the statutory differences between eviction plans and non-eviction plans.
By Jeffrey Turkel
Real estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.
No Consequential Damages When State Takes Neighbor’s Land
Nonconforming Use Not Discontinued
Developer’s Rico, Estoppel, and Equal Protection Claims Dismissed
Denial of Area Variance Overturned
Affirmative Covenant Enforceable Against Successor Developer
Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable