Archive for May, 2005

I have a date to close in my contract on my Manhattan condo and the buyer now tells me that they cannot close on that date and they are exercising their right to extend it for thirty days. Can they do this? I thought they could only extend it for 10 days. Thanks.

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Why are there so few “No Fee” apartments from brokers?

Brokers charge a fee to either the renter or the property owner/landlord. In a low supply, high demand market, a landlord can pass the broker’s commission to the renter. So, in most cases, the fee is paid by the renter.

“No Fee” apartments from brokers generally signifies that the property owner is paying the broker’s fee.

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What is “OP?”

The term “OP” stands for “Owner Pays” and means that the landlord or property owner will pay the broker a commission if he brings a tenant who signs his lease. The standard OP amount is one month’s rent. Today’s OP apartment tend to be the luxury high rise buildings on the Upper Eastside or Downtown Financial District.

When the broker collects s fee from the landlord, he usually does not charge the tenant a commission. However, there are brokers who try to double tip and collect fees from both the landlord and the tenant.

Renters should ask the broker if he will be receiving a commission from an landlord for any particular apartment.

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Why do tenants pay the broker commission when renting an apartment?

It is purely a function of supply and demand. Outside of New York, the vacancy rate is much higher and apartments are much more plentiful, so landlords or property owners pay the broker’s commission.

With low vacancy and high demand for NYC apartments, landlords or property owners can pass along the cost of the broker’s commission – usually 15%, or about 1 and 3/4 months’, of the annual rent — to the tenant.

Immediately after 9/11, many people fled the City, or were forced to move back with their parents. Apartment supply increased, demand decreased and for many months after 9/11, landlords paid the broker’s commission.

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How do I get an apartment when I don’t yet have a job?

Your dilemma is a common one: how to start in New York when landlords want tenants already established. There are two alternatives. If you can find a job while still outside the city, then some landlords will accept an employer’s letter confirming your position and salary. That you would have a roommate who could do the same would improve your chances. But understanding that you have to be here to find a job, there appears but one solution: find an apartment share. Most people new to New York start out with a share. Opportunities are abundant, financial requirements are low, if they exist at all, initial cost are very low (usually just first month and one month security). Most roommate situations are month to month, meaning that one you are here, have a job and a bank account with something in it, then you can find a place of your own. One thing you may have overlooked: finding a reasonably priced place in the city takes time, a lot of time. You really have to be in New York already to look at apartments as they come on the market. A share gives you that time.

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Can brokers and management companies operate out of the same building with the same phone number?

It’s not unusual for management companies to wear two hats, that of managing agent of the property and that of broker. Managing companies frequently augment their management fees, which tend to be modest, with broker commissions. In fact, management companies expect and depend on this income and view it as part of their compensation package. Fees are charges to the tenant if the apartment is leased and to the owner if the apartment is sold. As long as the management company is properly licensed as a broker by the New York Secretary of State, the arrangement is entirely legal.

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Should I be worried about lead paint hazards?

Prior to 1978, little was known about the potential hazards of lead-based paint. In the early 1970s, research began to show that exposure to lead was a major health hazard. Peeling, chipping, chalking, or cracking lead-based paint can be especially dangerous. If inhaled or ingested, lead paint chips can cause damage to the brain and nervous system, difficulties during pregnancy, or high blood pressure. The element is even more dangerous to children than to adults because babies and young children often put their hands and other objects in their mouths. Lead paint can also cause learning disabilities and growth retardation in young children.
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From 1978 on, when lead paint was banned from housing, legislation has been developed to protect consumers from lead-paint-related health problems. If you’re planning on buying or renting property that was constructed before 1978, you should know that the Residential Lead-Based Paint Hazard Reduction Act of 1992 requires sellers, landlords and agents to warn homebuyers and tenants of lead-based paint and lead-based paint hazards in pre-1978 housing.
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In 1996, the Department of Housing and Urban Development (“HUD”) and the Environmental Protection Agency published the Lead-based paint disclosure regulations implementing the Act. Part of the information you are entitled to includes an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards. The landlord or seller must disclose any records and reports on lead-based paint which are available, an attachment to the contract or lease which includes a Lead Warning Statement and confirms that the seller or landlord has complied with all notification requirements.
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There are also a number of things you can do yourself to ensure to temporarily reduce lead hazards in your home. Repairing damaged painted surfaces can reduce the possibility of free-floating paint chips. Planting grass to cover soil with high lead levels is also helpful. Nevertheless,
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Several government agencies have created special divisions devoted exclusively to lead paint issues. Log on to HUD’s website (www.hud.gov/lea/leahome.html), where you can learn about ways to protect your home. The Environmental Protection Agency provides similar information its website (www.epa.gov/lead), including a link to the National Lead Information Clearinghouse (1-800-424-LEAD). The Lead Listing, which is the National Lead Service Providers listing system (www.leadlisting.org), provides contact listings for lead abatement contractors if you are interested in permanent lead removal.

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What can I do to attract tenants who will take better care of my apartments?

Mark, surprisingly, for a landlord with below market apartments, finding a sincere and reliable tenant can be a troublesome task. The promise of low rent, usually because the apartment is subject to rent-stabilization, attracts skepticism among many tenants hardened to the task of finding a safe and comfortable place to live in the city. The people who actually apply for these apartments, therefore, tend to have marginal credit or, more often the case, marginal income.
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Here is a recent experience of a landlord with a studio apartment in a high rise, attended building, just off Central Park West, who wanted to find a sublease tenant for two years. His requirements were simple, someone to take care of the apartment, with its bright sunlight and open views of the park, and to pay on time the rent-stabilized rent of under $500 per month! The landlord treasured his home and wanted to sublease the right way for the two years he was out of the City.
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An advertisement was placed in the New York Times, stating the legal (rent-stabilized) rent and scheduling a one-hour open house. The open house attracted more than 200 viewers and more than 50 applications! Remarkably, not one of the applicants had sufficient income to qualify as a proper tenant. Many were students newly arrived to the City without jobs.
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Amazed and disappointed, the landlord ran the same ad the following week. Another huge open house was held, another large number of applications from home seekers was received. Again the applications were universally disappointing. The landlord now realized that renting a below market apartment in New York is plain hard work!
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For the third week, the landlord tried something new. He ran another ad for the apartment in the Times, but this time he overstated the rent. Instead of listing the low rent, he exaggerated it by $300 per month. (His hope was not to overcharge for the apartment, but to attract a better tenant.) After the third open house, it was clear that his plan had worked. More than 100 viewers appeared and 15 applications were received. Most of the applicants could afford the rent, even at its overstated level. The landlord chose one tenant and, after reviewing his credit report and evidence of income, informed the tenant that the rent was actually far less than advertised. Expecting a prime studio at a rent of close to $800, the tenant received a lease for the apartment with the rent at less than $500 per month! This was for an apartment in an elevator building with a separate kitchen, a separate dressing room, closets galore and views of Central Park.
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This account shows the dilemma facing landlords with bargain apartments who try to do the right thing. The solution, it would appear, is not to charge an illegal rent, not to demand key money, not to relent to the barrage of brokers who pray for such listings, but to omit mention of the rent in advertisement and to hold several open houses. Good tenants deserving of below market apartments are out there, but they are often as difficult to find as people prepared to pay over market rent.

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My next-door neighbors are frequently noisy and loud very late at night. What can I do?

Recognizing that one person’s noise may be another person’s music, legal remedies to stop noisy or annoying neighbors are difficult to enact. As a renter or owner, you are entitled to a reasonably peaceable and quiet living space. While you have a legal right to complain to your landlord if you feel your peaceable living environment is being unduly disturbed, it is always recommended that you try to communicate directly with the problem neighbor. Some differences can be resolved rather quickly through this method, especially if the neighbor was not aware that they were creating a disturbance.
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In the event you decide to pursue a legal route, begin by reviewing your lease terms and conditions regarding excessive noise. Under the terms of most standard leases, the landlord is responsible for providing a peaceful environment, and should therefore take an active stance in protecting your rights. In the event where a noisy neighbor is being uncooperative, the landlord should go to the extent of taking legal action. A legal letter to the noisy tenant on behalf of the landlord, reminding the tenant of his/her responsibilities to the lease, is often quite effective.
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You may want to obtain a copy of your local noise ordinance at city hall or a public library. If you are sending a letter to your neighbor, be sure to include a copy of your local noise ordinance. When problems persist, you might consider taking advantage of the impartial mediation services offered in most urban areas.
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If you’ve taken all the above actions and the problem is still not resolved, you might consider taking legal action yourself. Be forewarned, however, that suing your neighbor for nuisance or even obtaining a court order against your neighbor to cut back on the noise, can be costly. Getting a court order passed will require police reports, witnesses, and testimonies.
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Most cases against alleged noisy neighbors are dismissed very quickly in big cities because courts recognize the rights of tenants to make a reasonable amount of noise. The amount of noise tolerated usually varies according to the character of the neighborhood. Since circumstances vary from case to case, your best bet is often simply to try friendly communication with your neighbor.

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Should I buy an apartment in a prewar or postwar building?

Formerly known as New Amsterdam after Dutch settlements of the 1600s, New York City has some structures that were built even before the Revolutionary War. However, the era of World War II remains the definitive epoch by which the distinct periods of real estate history are separated, according to industry standards.
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PREWAR BUILDINGS: PROS AND CONS Prewar apartments are known for their charm, which is expressed mainly through architectural detail. They tend to have higher ceilings, larger rooms, detailed moldings and fixtures, cozy fireplaces, parquet floors, and separate rooms for servant’s quarters, dining rooms, and pantries.
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But charm doesn’t come cheap. Since top-end prewar buildings are in limited supply, they tend to command significantly higher prices. Also, aging appliances, water stains, old plumbing and wiring, and low water pressure tend to come with the territory. Keep your eyes peeled for potential money pits.
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POSTWAR BUILDINGS: PROS AND CONS
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Most postwar apartments come fully loaded with amenities. Features such as new appliances, gyms, party rooms, pools, housekeeping and valet service, and sunroofs are postwar signatures. Apartments in postwar buildings tend to vary more in size, structural flexibility (convert that dining alcove into a second bedroom, perhaps?), and layout than those in prewar buildings. But while postwar buildings are stocked with modern conveniences, they lack the charm and detailing that characterizes prewar buildings.
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Either choice – prewar or postwar – is a fine choice. In fact, some of the more recent developments have been built to resemble prewar structures, featuring as they do intricate details and an overall feeling of elegance, catering to those who desire the best of both worlds.

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