Asking About Security

Security Concerns Over Broken Buzzer

Q We rent a one-bedroom apartment on the fifth floor of a walk-up. Our buzzer system has not worked since the day we moved in last October. This has been a huge frustration for us, as we have missed deliveries and it has given us concerns about security. We’ve repeatedly asked our superintendent and the owner of our building to fix this, and all they tell us is that they are working on it. What can we do?

A “The tenant can file an immediate action in court claiming that the landlord has violated the law by not fixing the buzzer system,” said David Ng, a Manhattan lawyer who represents tenants. In fact, he said, if the problem with the buzzer causes security concerns, the proceeding may be brought by an “order to show cause,” which will allow the court to expedite the hearing date and issue an order directing immediate repair. “Once this ‘order to show cause’ is served upon the landlord,” Mr. Ng said, “most landlords will hasten the repair.” He said the tenant might also be entitled to an abatement in the rent for a breach of the warranty of habitability for the duration of the problem.

Extending the Date for a Co-op Closing

Q I’m buying a co-op, and the contract sets the closing on or about Aug. 1. I have heard that I can get an automatic extension of the date for 30 days without requesting an extension from the seller. Is this true? I don’t want the seller to keep my deposit and sell to someone else, saying I breached the contract.

A Lior Aldad, a Manhattan real estate lawyer, said that although the closing date is a basic element of a real estate transaction, it is frequently not as precise as it may appear. For a specific date to be absolutely binding, it must be stated in the contract that “time is of the essence.” “Without this provision, New York courts will allow either a buyer or seller a reasonable amount of time to close,” Mr. Aldad said, adding that a 30-day extension would be considered reasonable. He notes that when a “time is of the essence” clause is included in the contract, it binds both parties equally. So if buyers insist on a date for the closing, they had better be ready, willing and able to proceed to the closing on that date.

Condo Board Member Wants E-Mail Meeting

Q One of the board members in my New York City condominium has requested that directors meet by e-mail instead of in person. Is this allowed?

A Aaron Shmulewitz, a Manhattan co-op and condo lawyer, says there is nothing in the state’s Condominium Act that requires board members to be physically present at a board meeting, and no statutory provision that would keep board business from being conducted by e-mail, provided the condominium’s governing documents permitted such meetings. “Many co-ops and condominiums are now amending their bylaws to allow for decisions by e-mail with appropriate procedural safeguards in place,” Mr. Shmulewitz said. Among the safeguards are requirements that all board members be included in the e-mail exchanges, that a stated time period must pass before an e-mail vote can be taken on an e-mailed proposal, and that actions taken using e-mail must be confirmed at the next in-person meeting of board members.


Source: The New York Times 

Evolving Critic Business Web Directory