Can a NY Condominium Association Board Ban Smoking?

Can a NY Condominium Association Board Ban Smoking?

Yes, New York condominium boards can implement no smoking policies.  It is usually impossible to prevent a neighbor’s  secondhand smoke from entering your  condominium. Even running a purifier  may not remedy the problem. According to the American Society for Heating, Refrigerating and Air Conditioning Engineers, no standard ventilation system or air purifier can completely remove […]

Are NY Landlords Liable When A Tenant Assaults Another Tenant?

Are NY Landlords Liable When A Tenant Assaults Another Tenant

No. The plaintiff sued his landlord for damages for injuries stemming from an assault by another tenant. He alleged that the landlord was negligent for failing to keep the premises free from known dangerous conditions. He appealed from the grant of summary judgment to the landlord by Erie County Supreme Court. The New York State […]

NY Residential Eviction & Foreclosure Moratorium Extended To May 1, 2021

NY Residential Eviction & Foreclosure Moratorium Extended To May 1, 2021

New York Governor Andrew M. Cuomo signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the”Act”) on December 28, 2020. The Act prevents residential evictions, foreclosure proceedings, credit discrimination and negative credit reporting related to the COVID-19 pandemic. It also extends the Senior Citizens’ Homeowner Exemption and Disabled Homeowner Exemption from 2020 to […]

COVID-19 NY Eviction Moratorium Extended Again – Landlord/Tenant

COVID-19 NY Eviction Moratorium Extended Again
Buffalo landlord tenant attorney Robert Friedman discusses when the NY court system will reopen for evictions during the COVID-19 pandemic. Good Morning. I am Bob Friedman, Attorney with Friedman & Ranzenhofer, PC. Welcome to the August  21st,2020 edition of the Legal Survival Channel: Today’s Legal News You Can Use. We have been providing updates on the [...]

Court Rejects NY Landlords’ Claims That Eviction Moratorium Is Unconstitutional

Court Rejects NY Landlords’ Claims That Eviction Moratorium Is Unconstitutional

The  U.S. District Court for the Southern District of NY in Elmsford Apartments Associates LLC v. Cuomo  rejected New York landlords’ claims that the New York Covid-19 eviction moratorium (the “Moratorium”) violated their rights under the contracts, takings, due process and petition clauses of the U.S. Constitution. The court ruled that: 1) The moratorium did […]

Eviction moratorium extended, but tenant advocates call it a “cycle of panic”

Eviction moratorium extended, but tenant advocates call it a cycle of panic

WKBW Channel 7 Buffalo – July 16, 2020 Renters are still in fear of eviction as the protections laid out by Governor Andrew Cuomo have done some, but not enough to relieve them of this cyclical panic. Evictions are not currently being carried out because courts remain closed but renters who are late or missing […]

The NY Covid Rent Relief Program

The NY Covid Rent Relief Program

The New York COVID Rent Relief Program will provide eligible households with a one-time rental subsidy that will be sent directly to landlords. Tenants will not have to repay this assistance. The rental assistance payment will cover the difference between the household’s rent burden on March 1, 2020 and the increase in rent burden for […]

NY Tenants Experiencing COVID-19 Financial Hardship Can’t be Evicted

The Tenant Safe Harbor Act (“TSHA”) was signed into law by Governor Cuomo on June 30, 2020 to address the tidal wave of evictions looming over New Yorkers. Courts are prohibited  from ever evicting residential tenants who experienced financial hardship for nonpayment of rent that accrues or becomes due during the COVID-19 State of Emergency. It would apply to any […]

NY Covid-19 Eviction Procedures

NY Covid-19 Eviction Procedures

As the New York court system expands operations in coordination with Governor Cuomo’s reopening of various geographic regions, there is concern about the adverse public health consequences that may arise from a sudden high-volume influx of eviction court appearances. Also, there are various restrictions on filing and prosecution of eviction matters still in force under […]