Q and A

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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What are some issues I might encounter in purchasing a loft for use as live/work space?

Many lofts in New York are former commercial buildings that have been converted into residential space. Because most lofts were not originally designed as residential space, the buildings in which they are found rarely have doormen or concierges (despite what you may have seen on “Friends” or any other TV show). As large, open spaces that usually spread over a minimum of 1000 square feet, lofts are most prominent in the downtown area, particularly in Soho. They often feature high ceilings and/or columns in a wide variety of architectural styles.
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There are some restrictions that may apply to those wishing to live and/or work in lofts in New York. Certain loft spaces have been set aside by the city as lower-cost housing for people making a living as artists. Prospective buyers for these apartments must be certified by the city as AIR (Artists-in-Residence). Also, some co-op buildings with loft spaces may not permit businesses, because of the safety concerns raised by high traffic of non-residents in and out of the building.
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The best areas to find these lofts in Manhattan are the Village, Meat Packing District, Soho, Tribeca, Nolita, Noho and the Flatiron District. Chelsea and the Garment District are the newest up-and-coming locations with developments and conversions featuring such apartments. Once you’ve nailed down the areas you’d like to look in, get your finances in order. Determine how much of a down payment you’d be able to afford, and get prequalified by a mortgage broker.
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Living and working in the same space also present a number of complications when tax time rolls around. Be sure to verify with your accountant the deductibility of expenses. If you do plan to deduct mortgage payments based on your use of the space for your business, be sure to define very clearly the physical area in which you plan to work, and if possible, maintain that space separately from your living space.

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Do I need permission from my landlord to have a roommate?

No. Under New York’s Real Property Law a tenant need not obtain consent of a landlord before having a roommate. Generally speaking, it is your right as a tenant (regardless of the size of your apartment or your building) to have a roommate. As long as you share the apartment with the roommate, what the roommate pays toward the rent is of no concern to your landlord. Oddly enough, a roommate is not necessarily limited to one person. By law, a roommate is one family unit. This means that the fact your roommate has a spouse or children does not limit your entitlement to share your apartment. Is there a provision in your lease prohibiting roommates? You are entitled to ignore it. In most instances any such lease provision is unenforceable.

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Should I take a two-year lease or a one-year lease?

An option is usually better because it shifts the risk of a changing rental market to your landlord. What an option affords you is choice. After elapse of the first year you make a decision, either to renew your lease or move to another apartment. If rents are falling (admittedly something that happens rarely in New York) you may find a better deal elsewhere. You may even be able to negotiate with your landlord a rent lower that the renewal rate in the option.

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Should I rent or buy?

Clearly, no one column can provide you with the right answer for your own unique situation. If you’re a student spending a year studying in New York, renting makes sense; whereas if you’re a retiree with at least 15 years left on your life expectancy and you plan to die in New York, buying a nice co-op or condo might work out very well. It’s important to remember, though, that when you buy property, your monthly expenses might be higher than if you rent (due to the fact that you might have to maintain the property yourself to an extent). All in all, the biggest factors to consider are 1) How much time you’ll be spending in your area of choice, 2)How much you can afford on a monthly basis, and 3) how important it is to you to own property rather than rent.

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What are some common abbreviations in newspaper real estate ads?

Here are some of the most common abbreviations:
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<BR>BR – bedroom
<BR>P/W – prewar building
<BR>H/W – hardwood (floors)
<BR>EIK – eat-in kitchen
<BR>chef kit – chef or gourmet-style kitchen
<BR>DR – dining room
<BR>FP – fireplace (decorative or woodburning)
<BR>WBF – woodburning fireplace
<BR>Reno – renovation
<BR>N/S expo – northern and southern exposures
<BR>WIC – walk-in closet
<BR>W/D – washer/dryer
<BR>D/W – dishwasher

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Explain the concept of an open house.

In a true open house, potential renters and/or buyers are invited to come see an apartment during a given date and time, under the supervision of the broker or owner. The attractiveness of such a marketing technique is the freedom to view the property without making an appointment. From time to time, though, you will find open houses advertised that do require you to make an appointment (an ad will usually mention if this is the case) and so it is always best to call ahead if you can. For lots of great open house listings, especially on the weekends, check out http://www.openhousenyc.com.

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