Legal Question in Landlord & Tenant Law in New York
Delinquent Maintenance Fees for Coop Apartment
I am on the board of directors for a self managed coop apartment building in Brooklyn, NY. We have a owner who has not paid maintenance in 2 years, and are wondering what our best legal action course is. The coop does not have a proprietory lease (though we are drafting one). He has paid the maintenance once (thus establishing that he knew he had to pay it). We have only been sending bill notices by mail since september (before we did phone calls). We have a set of bylaws that allows us to rent out his place until maintenance is caught up, but the apartment is in horrible shape. The original owner died, and his name was added to the shares by another board of directors. He's never lived in the building. Refuses to sell or pay. Please help me figure out what my options are so I can consult with the appropriate lawyer and take the appropriate actions. We don't want to start paying legal fees for the wrong course of action. Thanks a lot.
2 Answers from Attorneys
Re: Delinquent Maintenance Fees for Coop Apartment
There are several options which may be available to you including a foreclosure action or an action in breach of the proprietary lease This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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Re: Delinquent Maintenance Fees for Coop Apartment
This is a little more complicated than a regular L&T action, but not much more with an experienced lawyer.
You have several options:
1. a RPAPL foreclosure. This is the most extreme, but it will solve the problem permanently.
2. a special proceeding under RPAPL 881 to create an ongoing lien on his financial assets. In this scenario, the money would be deducted from his accounts each month.
3. a regular civil proceeding once a year to collect the money owed with interest and attorney fees.
You have options. You are welcome to a consultation for no fee. Email is best to make an appointment. (references on just this kind of case are available.)
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