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Fordham Law School

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Articles 121 - 142 of 142

Full-Text Articles in Property Law and Real Estate

Rent Stabilization: New C.A.B. Rent Overcharge Procedures, William Weisner Jan 1983

Rent Stabilization: New C.A.B. Rent Overcharge Procedures, William Weisner

Fordham Urban Law Journal

In New York City, the Conciliation and Appeals Board (CAB) is a quasi-judicial body empowered by the Rent Stabilization Law (RSL) to resolve rent overcharge complaints. By September 1982, the CAB had a backlog of 7000 rent overcharge cases. In response to the backlog, the CAB promulgated new procedures for determining the maximum legal rent when owners fail to provide sufficient rent histories to the Board. This Note examines the CAB's new procedures in light of past enforcement policies and the CAB's powers under the RSL. The Note concludes that although the procedures accomplish de facto what the CAB might …

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New York City Zoning Resolution Section 12-10: A Third Phase In The Evolution Of Airspace Law, Terence Kennedy Jan 1983

New York City Zoning Resolution Section 12-10: A Third Phase In The Evolution Of Airspace Law, Terence Kennedy

Fordham Urban Law Journal

Originally, airspace was considered to be a form of land inseparable from the soil owned by the surface landowner. Over time, however, the law has allowed airspace to be severed from the soil, enabling the surface landowner to alienate the airspace while retaining title to the soil. New York City Zoning Resolution section 12-10 has advanced this modern notion by limiting buildable floorspace and permitting transfer of airspace. This Note details the history and uses of airspace, and proposes that the amended section of 12-10 both modernizes our stationary concept of real property and establishes airspace property interests as being …

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Recovery Under The Implied Warranty Of Habitability, Francis S. L'Abbate Jan 1982

Recovery Under The Implied Warranty Of Habitability, Francis S. L'Abbate

Fordham Urban Law Journal

The New York State legislature codified the implied warranty of habitability for residential leases in Real Property Law section 235-b, but failed to specify remedies for breach. This Note examines the development of the implied warranty of habitability as a basis for expanding a landlord's liability for failure to provide habitable premises and discusses problems relating to recovery for breach which have arisen in New York courts. It argues that recovery should be limited to tenants and intended third party occupants. In addition, punitive damages should not be awarded under a strict liability theory unless malice is established. The added …

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The Protection Of Historic Resources In New York State: An Overview Of Federal, State And Local Laws, J. Langdon Marsh, Judith Green Simon Jan 1982

The Protection Of Historic Resources In New York State: An Overview Of Federal, State And Local Laws, J. Langdon Marsh, Judith Green Simon

Fordham Urban Law Journal

Growing recognition of the economic benefits that historic preservation can bring to a community, coupled with a more traditional belief in preservation for its own sake, has focused the attention of federal, state and local government officials on the need for historic preservation statutes. This article explores the legal means available to protect historic resources in New York. Section II discussed steps taken by the federal government, primarily in the National Historic Preservation Act of 1966, to protect historic resources from adverse impacts resulting from federal actions. Section III analyzes the New York State Historic Preservation Act of 1980, and …

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Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp Jan 1981

Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp

Fordham Urban Law Journal

This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. Enacted to give tenants in a dwelling having four or more residential units the right to sublease or assign their apartments, subject to the landlord's consent, it provides that the landlord must release the tenant from the lease if (s)he "unreasonably withholds consent for such sublease or assignment." The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. However, some courts have interpreted this section to confer upon …

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Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp Jan 1981

Nyrpl § 226-B: No Right To Sublease Without Consent, Carolyn Debra Karp

Fordham Urban Law Journal

This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. Enacted to give tenants in a dwelling having four or more residential units the right to sublease or assign their apartments, subject to the landlord's consent, it provides that the landlord must release the tenant from the lease if (s)he "unreasonably withholds consent for such sublease or assignment." The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. However, some courts have interpreted this section to confer upon …

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The Regulation Of Rental Apartment Conversions, Constance W. Cranch Jan 1980

The Regulation Of Rental Apartment Conversions, Constance W. Cranch

Fordham Urban Law Journal

This Comment examines the increasing rate of apartment buildings being converted to condominiums and cooperatives. It take a critical look at the the benefits and drawbacks of conversion for both landlords and tenants. Finally, the Comment argues that legislation should be passed in order to ensure that landlords can reap the benefits of conversion while seeing that the hardship on low-income and elderly tenants is mitigated.

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Fire Insurance Recovery Rights Of The Foreclosing Mortgagee: Is His Lien Lost In The Ashes?, J. Burke Mccormick Jan 1980

Fire Insurance Recovery Rights Of The Foreclosing Mortgagee: Is His Lien Lost In The Ashes?, J. Burke Mccormick

Fordham Urban Law Journal

This note explores the question of a mortgagee's insurable interest under a standard mortgage clause as the process of foreclosure ripens his status from that of mortgagee to property owner. The author argues that while fire insurance recovery rights of the foreclosing mortgagee may appear to be a viable solution to apportionment of indemnity, when the rules are applied to deny recovery, the system becomes unjust. This creates an incentive for the mortgagee to avoid the foreclosure sale (when there is a fire loss to the property), so as to force the loss on the insurance carrier.

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Maintenance And Repairs Of Cooperative Apartments: Rights And Remedies Of Tenant-Shareholders, Damon R. Maher Jan 1980

Maintenance And Repairs Of Cooperative Apartments: Rights And Remedies Of Tenant-Shareholders, Damon R. Maher

Fordham Urban Law Journal

This comment examines the duties landlords have to maintain a habitable dwelling for tenants. It also recounts the various remedies tenants have when their landlord fails to meet its duties regarding habitability. The comment then goes on analyze whether or not these remedies are available to leaseholders of a cooperative apartment against the cooperative corporation that owns the apartment. In cases when those remedies are not available, this comment will recount what remedies are available.

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Solar Rights And Restrictive Covenants: A Microeconomic Analysis , Arto Becker Jan 1979

Solar Rights And Restrictive Covenants: A Microeconomic Analysis , Arto Becker

Fordham Urban Law Journal

This comment addresses the enforceability of restrictive covenants in relation to solar energy rights. Articulating the framework for development of solar energy, this comment works through an economic model formulated by Professors Ellickson, Coase, Calabresi, and Malemed. Looking for an efficient allocation of resources, this comment proposes a modernization of common law property principles to ensure the proper growth of solar energy.

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Assignment And Subletting Of Leased Premises: The Unreasonable Withholding Of Consent, Jacob L. Todres, Carl M. Lerner Jan 1977

Assignment And Subletting Of Leased Premises: The Unreasonable Withholding Of Consent, Jacob L. Todres, Carl M. Lerner

Fordham Urban Law Journal

The law generally does not favor restrictions on the alienability of property and holds that a tenant may assign or sublet a lease, unless the lease specifically provides otherwise. For instance, courts will enforce the parties' bargain, and uphold provisions in a lease that states that it is non-transferable or that it is transferable only upon the landlord's consent. However, if a lease states that the landlord will not unreasonably withhold consent to a transfer of the lease, when is a landlord's refusal to give consent unreasonable? This article examines the common law parameters of determining unreasonableness, and finds that …

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Eminent Domain--Blight Declaration--Extensive Delay In Initiating Condemnation After Declaration Of Blight May Constitute A Taking Under State Constitution, Janine P. Hornicek Jan 1976

Eminent Domain--Blight Declaration--Extensive Delay In Initiating Condemnation After Declaration Of Blight May Constitute A Taking Under State Constitution, Janine P. Hornicek

Fordham Urban Law Journal

In 1958, the City of Trenton examined the possibility of redeveloping a large portion of its downtown area. In 1967, after a tortuous planning process, the land designated for redevelopment was declared blighted. Plaintiff, the owner of a large commercial building in this redevelopment area, alleged that in 1963 it began losing tenants because of the widespread publicity given to the threatened condemnation. After the 1967 declaration of blight, the area deteriorated markedly. By 1973, plaintiff’s building was almost entirely vacant, yielding $6,300 in rent compared to costs of $9,500 in insurance changes and $30,000 in annual property taxes. Plaintiff …

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Public Land Ownership: Frameworks For Evaluation, Edward F.C. Mcgonagle Jan 1976

Public Land Ownership: Frameworks For Evaluation, Edward F.C. Mcgonagle

Fordham Urban Law Journal

In November 1975, York University sponsored a Public Land Ownership Conference in Toronto, Canada. It's purpose was to examine public land ownership as a means to accomplish social objectives related to land use. This book, organized into five chapters, is an outgrowth of the conference and consists of papers prepared for the conference and commentaries made by various conferees, with the additions of a general introduction, concluding commentary, and a preface for each chapter with an introductory essay on the general theme of the chapter. A compilation of papers from various writers may pose problems for readers through the incredibly …

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Protecting The Rights Of Purchasers Of Condominium Units, Jeffry R. Dwyer Jan 1975

Protecting The Rights Of Purchasers Of Condominium Units, Jeffry R. Dwyer

Fordham Urban Law Journal

The late 1960s and early 1970s have witnessed an unprecedented boom in both construction and conversion condominiums. The inflationary spiral of the 1970s caused many developers of partially completed rental projects to seek substantial loan increases to cover cost overruns. Such loan increases often could not be justified by rental income projections. Accordingly, many developers and lenders turned to condominium conversions as a panacea for project cost overruns. However, with a shortage of end loan money, developers and lenders were left with unsold "inventory," increasing in cost with each passing day. Indeed, many developers of condominium units found themselves in …

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Economic Tipping: An Approach To A Balanced Neighborhood, Frank J. Allocca Jan 1975

Economic Tipping: An Approach To A Balanced Neighborhood, Frank J. Allocca

Fordham Urban Law Journal

In the recent decision of Trinity Episcopal School Corp. v. Romney, a court, for the first time, was confronted with a proposal to apply a "tipping" standard solely on the basis of income, rather than racial grounds. The case involved a group of middle-income residents seeking to enjoin the State and City of New York, as well as the Department of Housing and Urban Development (HUD) from increasing an area's low-income population through the building of various housing projects. "Tipping" has been defined as "that point at which a set of conditions has been created that will lead to the …

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Condominium Renovation, Amy R. Piro Jan 1974

Condominium Renovation, Amy R. Piro

Fordham Urban Law Journal

As a result of deterioration or obsolescence of condominium premises, unit owners often decide to renovate. These decisions may raise questions significantly different from those encountered in dealing with ordinary condominium expenses. These include matters such as required authorization, protection of dissenters' rights, and financing. This article explores some of these problems and suggests possible solutions. The author concludes that present law, including statues and condominium association bylaws, should differentiate between renovation expenses and those arising from ordinary maintenance and repairs, and should permit special authorization and financing arrangements for renovations.

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Landlord-Tenant Law-Dependency Of Lease Covenants-Covenant To Pay Rent Is Dependent Upon Landlord's Warranty Of Habitability Jan 1974

Landlord-Tenant Law-Dependency Of Lease Covenants-Covenant To Pay Rent Is Dependent Upon Landlord's Warranty Of Habitability

Fordham Urban Law Journal

Plaintiff tenant entered into possession of an apartment with was no written lease and the rent was fixed monthly under the condition that the landlord would make certain repairs to render the premises ‘livable’. The landlord never did and tenant terminated rent payments. The landlord instituted a summary dispossess action against Berzito for nonpayment and the state district court held that the landlord was in violation of his express warranty of habitability and reduced the tenants rent but tenant still did not pay. The trial court ruled in the tenant's favor and rejected the landord's contention that by remaining in …

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From Plows To Pliers - Urban Homesteading In America Jan 1974

From Plows To Pliers - Urban Homesteading In America

Fordham Urban Law Journal

The state homestead exemption is the most widely known form of homesteading and exists in the majority if American jurisdictions. A new form of this plan has been added by many east coast cities that allows families to receive a grant of a home at a minimum price on condition that it occupies the residence and improves it to satisfy all applicable codes. The property is then transferred to the homesteader and this benefits both the city and the individual. This urban homesteading plan is the most recent program designed to promote urban renewal and home ownership. Wilmington Delaware was …

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Comment: Security Deposits In New York: How Safe Is Your Money?, Stevens Ingraham, Paul J. Yesawich, Iii Jan 1974

Comment: Security Deposits In New York: How Safe Is Your Money?, Stevens Ingraham, Paul J. Yesawich, Iii

Fordham Urban Law Journal

In New York, there has never been a general landlord's statutory or common law lien, the growth of the cities and consequent legal development of the landlord-tenant relationship has enhanced the importance of the leasehold agreement. Most landlords, seeking protection beyond tenants' personal assurances that the lease will be honored, require a provision for a security deposit in the lease. The purpose of the deposit is to assure the tenant's compliance with the covenants of the lease. Confusion over the landlord-tenant relationship with regard to the security deposit has left room for abuse of the deposit for the landlord's gain. …

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Note: Landmark Preservation: The Problem Of The Tax-Exempt Owner, Mary Spearing Jan 1974

Note: Landmark Preservation: The Problem Of The Tax-Exempt Owner, Mary Spearing

Fordham Urban Law Journal

This Note examines the effectiveness of the 1965 New York City Landmark Preservation Act with respect to its ability to confront the conflict between the desire to preserve the city's history and the individual's constitutional right to use and control her own property, with particular attention to the unprotected status of the tax-exempt property owner. The author argues that the legislation fails to mesh the two conflicting goals of preservation and just compensation to property owners. She suggests that in order to do so, perhaps a different standard of value should be placed on landmark preservation that focuses on non-economic …

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Case Note: Zoning- Population Control In Metropolitan Areas- Construction Industry Association Of Sonoma County V. City Of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), Lane J. Genatowski Jan 1974

Case Note: Zoning- Population Control In Metropolitan Areas- Construction Industry Association Of Sonoma County V. City Of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), Lane J. Genatowski

Fordham Urban Law Journal

This Casenote analyzes the Northern District of California's recent decision in Construction Industry Association of Sonoma County v. City of Petaluma, 375 F. Supp. 574 (N.D. Cal. 1974), which held that limiting the number of building permits for the purpose of restricting population growth was an unconstitutional infringement on the right to travel, where there is no shortage of municipal facilities to serve the new residence. The Casenote concludes that, although the court had authoritative support for its decision, it may be unwise to use the right to travel to invalidate a local zoning ordinance. Moreover, the right to travel …

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The New York City Noise Control Code: Not With A Bang, But A Whisper Jan 1973

The New York City Noise Control Code: Not With A Bang, But A Whisper

Fordham Urban Law Journal

This comment reviews the history of noise control legislation in New York City and examines the New York City Noise Control Code enacted in 1972 to reduce and regulate noise levels by explaining its administration, substantive limitations, and method of enforcement. The comment concludes by recognizing the important advancements promulgated by the Code and evaluating its possibility of success.

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