Cutting Through the Smoke: Applying Local Laws 141 & 147 to Cooperatives and Condominiums in New York City
As public opinion has turned against smoking, NY laws have followed. Smoking bans in public spaces have included stores, schools, and taxis in 1990, bans in restaurants and indoor bars in 2002, and parks, beaches, and pedestrian plazas in 2011. The popularity of the smoking bans in our public spaces have let legislative sights turn to residential buildings. The latest is Local Law 147 (“LL147”). Effective on August 28, 2018, LL147 requires residential buildings with three or more units to develop and distribute a written smoking policy. However, unlike the smoking bans, LL147 does not require condominium or cooperative boards to ban smoking in its entirety. Instead, it forces boards and unit owners to have a hard conversation and clarify what neighbors expect of each other. On its face, LL147 is agnostic about the content of the new smoking policies; it only asks that clear building policies are being put in place.
Even the laxest smoking policies distributed under LL147 may still be subject to other smoking laws targeting residential buildings, like Local Law 141 (“LL141”) which prohibits smoking or using electronic cigarettes in the common areas of most residential buildings. LL147 can make LL141 more transparent for residents by clearly outlining a smoking prohibition in the shared common areas while clarifying how the building will treat limited common elements like personal balconies and any other outdoor areas that may be connected to residential units.
On the other hand, for buildings looking to adopt a stricter policy, LL147 leaves open the door for boards to discuss and mandate a completely smoke-free environment throughout the building – including within individual apartments. If a board decides to go completely smoke-free, and adopts a new policy using the proper governing mechanisms, all residents may be required to follow the policy, including unit owners, their future renters (current renters may be carved out depending on their leases), and anyone invited onto the premises. Because LL147 leaves it to the buildings to self-govern, it sidesteps the issue of whether the law allows for strict regulations that pierce the sanctity of the home. Even buildings whose residents largely support going smoke-free may still be cautious about how a strict ban can be properly applied, implemented, and enforced.
Like pet policies, smoking policies can feel very personal. For prospective purchasers sensitive to smoke or those who are avid smokers, reviewing the new smoking policy is another important item to flag for your brokers and attorneys during the diligence phase of vetting a new home. But for unit owners caught off guard by a new strict policy or prospective buyers who don’t like what the diligence reveals, know that ultimately any policy is subject to change; it comes down to what your board and your neighbors want. Ultimately LL147 is just a harbinger – potentially showing a trend towards stricter smoking regulations to come.
5 Things to Consider When Choosing a NYC Real Estate Attorney
When buying or selling a property, a knowledgeable lawyer that practices Real Estate law will help make sure you get exactly what you want out of the transaction.
1. Knowledge of New York City Residential Transactions
The “Concrete Jungle” has a unique housing stock unlike anywhere else in the U.S. For example, the great majority of Co-ops that exist in the U.S. are in New York City. Because of these unique features, there are intricacies to closing a NYC Real Estate Transaction that a well-qualified attorney can help to explain. These include things like knowledge of local regulations, understanding the custom and practices in cooperative, condominium and house purchases, experience dealing with the New York City network of brokers. Additionally, it is preferable to have an attorney who has completed sales in the building, or similar buildings, that you plan to buy/sell in. Knowledge in the field means knowing what to look for to ensure the transaction goes as smoothly as possible.
2. Personalized Attention
You do not want a Real Estate Attorney who takes a cookie cutter approach to one of the most important transactions of your life. A good real estate attorney will give you personalized attention and be available to answer the questions you have when they come up. To achieve this, it is important to have a team of individuals working on your transaction, rather than just one person. Extra sets of eyes ensure that details are not overlooked.
Also, you want to make sure that an attorney is working on your transaction, not just a paralegal or an administrative assistant. Some firms assign only a paralegal to the transaction, a practice we do not employ. Many times we have two attorneys working on one transaction, both for a smooth client experience and to allocate resources where they are most needed.
Like a doctor with good bedside manner, a good attorney will form a close bond with their client that is based on mutual respect and trust. Despite all the lawyer jokes you may have heard, most attorneys are hard-working, excellence driven, respectful individuals who are trying to do their best for their clients. Our firm puts a focus on this aspect of the relationship because we feel it is the centerpiece of the real estate transaction puzzle.
3. Fees
Fees will vary depending on the size and complexity of a transaction. They will generally be structured as a flat fee, with half payable up front and the balance payable after closing. Factors that affect the fee, include but are not limited to: (1) whether the purchase will be made in cash or require a mortgage; (2) if there is a lender, whether it is an institutional or a private lender; (3) whether the transaction involves Federal or State tax withholdings; (4) whether the client will be able to attend the closing; (5) whether there are any anticipated title issues; (6) whether the transaction includes anything that is not part of the normal process of buying or selling a property in NYC.
Some firms will refer to all or a portion of the fee as “non-refundable.” We do not agree with this approach and will refund any unused portion of the retainer on any transaction. Other firms will say “no fee if we do not get you to the closing.” We do not agree with this approach either, as we feel it will create a conflict of interest where the attorney may unconsciously rush to conclude a transaction or hold back emphasis on any issues that arise that might jeopardize the transaction in any way.
See an article on the firm’s origin and philosophy here.
4. Provide Consultation and Guidance on all Aspects of the Transactions
A good real estate attorney will advise you on all of the risks associated with the transaction and guide you on how to proceed. They will advise you, not only on the legal aspects of the transaction, but also help you to identify and manage the wide assortment of risks that affect the viability of a residential transaction. This includes reviewing board minutes, building financials, the offering plan, and other important documents. In addition, an attorney will help you coordinate a loan commitment, negotiate a contract for a sale and much more.
A good attorney will also know how to allow a client to be a valuable resource as well. Even if a client knows nothing about real estate or financing, they can still provide key information about the condition of the property, what it looks like, what they expect to receive, and what their most important needs are from the property. A good attorney will know when to ask questions and when to provide answers, while a not-so-good attorney thinks they know all the answers and never asks a single question.
5. Team Player with Proven Track Record
It is important to choose an attorney who is empathetic to your needs, works well with others, and has a proven track record supported by professional referrals. Ultimately, choosing an attorney is a very personal process. Check out information on our firm here!
NYC Real Estate Attorney’s Closing Report: June 2018
Just a few of our recent closings. If you are also looking to buy or sell at these property addresses, you might want to give us a call.
| Property | Value | Transaction |
| 1060 Park Avenue, NY, NY | $1,317,500 | Coop Purchase |
| 300 West 135th Street, NY, NY | $1,040,000 | Condo Purchase |
| 420 East 51st Street, NY, NY | $645,000 | Coop Sale |
| 401 East 86th Street, NY, NY | $1,349,000 | Coop Purchase |
| 525 East 86th Street, NY, NY | $825,000 | Coop Sale |
| 170 John Street, NY, NY | $2,300,000 | Condo Sale |
| 132 East 35th Street, NY, NY | $865,000 | Coop Sale |
| 561 41st Street, BK, NY | $582,500 | Coop Purchase |
| 680 West 204th Street, NY, NY | $380,000 | Coop Purchase |
| 1199 Park Avenue, NY, NY | $3,325,000 | Coop Purchase |
NYC Real Estate Attorney’s Closing Report: May 2018
Just a few of our recent closings. If you are also looking to buy or sell at these property addresses, you might want to give us a call.
| Property | Value | Transaction |
| 68 Hart Street, BK, NY | $1,500,000 | House Purchase |
| 888 Fulton Street, BK, NY | $849,388.00 | Condo Sale |
| 504 West 111th Street, NY, NY | $725,000 | Condo Purchase |
| 762 Park Place, BK, NY | $795,000 | Condo Purchase |
| 13 West 13th Street, NY, NY | $590,000 | Coop Purchase |
| 88 Wyckoff Street, BK, NY | $1,010,000 | Condo Sale |
| 549 East 11th Street, NY, NY | $1,550,000 | Condo Purchase |
| 17 East 17th Street, BK, NY | $595,000 | Condo Purchase |
| 250 West 22nd Street, NY, NY | $930,000 | Coop Purchase |
| 30 East 10th Street, NY, NY | $2,625,000 | Coop Purchase |
WHFirm Attorney Hosts Due Diligence Lecture
Congratulations to WHFirm Junior Partner Michael Zadjelovich, who recently hosted a “lunch and learn” at Halstead Realty in Brooklyn. The lecture, aimed at educating brokers about the process of Due Diligence, was both well-attended and well-received.
Thanks also to Halstead Realty for making this event possible, and of course to all of our attendees!
NYC Real Estate Attorney’s Closing Report: April 2018
Just a few of our recent closings. If you are also looking to buy or sell at these property addresses, you might want to give us a call.
| Property | Value | Transaction |
| 301 West 89th Street, NY, NY | $1,150,000 | Coop Purchase |
| 245 East 24th Street, NY, NY | $570,000 | Coop Sale |
| 215 East 80th Street, NY, NY | $2,072,500 | Condo Sale |
| 211 East 18th Street, NY, NY | $475,000 | Coop Purchase |
| 22 Fairlawn Avenue, Dobbs Ferry, NY | $1,250,000 | House Purchase |
| 77 Bleecker Street, NY, NY | $725,000 | Coop Purchase |
| 345 West 55th Street, NY, NY | $624,500 | Coop Sale |
| 222 East 82nd Street, NY, NY | $970,000 | Coop Purchase |
| 267 West 89th street, NY, NY | $845,000 | Coop Sale |
| 164 Sterling Place, NY, NY | $600,000 | Coop Purchase |
Welcome to New WHFirm Associate
Weidenbaum & Harari would like to welcome Brett Stack to the firm as our newest associate. Brett, a graduate of New York Law School, is a longtime friend of the firm, and brings with him extensive experience in residential real estate purchases and sales.
We look forward to working with Brett in the future!
NYC Real Estate Attorney’s Closing Report: March 2018
Just a few of our recent closings. If you are also looking to buy or sell at these property addresses, you might want to give us a call.
| Property | Value | Transaction |
| 243 West 70th Street, NY, NY | $795,000 | Coop Purchase |
| 1615 Avenue I, BK, NY | $427,500 | Coop Purchase |
| 222 East 80th Street, NY, NY | $453,500 | Coop Refinance |
| 240 East 35th Street, NY, NY | $645,000 | Coop Purchase |
| 305 East 24th Street, NY, NY | $728,000 | Coop Purchase |
| 57 Devoe Street, BK, NY | $137,400 | Coop Refinance |
| 244 West 4th Street, NY, NY | $765,000 | Coop Sale |
| 923 Schenectady Avenue, BK, NY | $585,000 | House Purchase |
| 31 Jane Street, NY, NY | $1,735,000 | Coop Purchase |
| 184 Harding Drive, New Rochelle, NY | $550,000 | House Purchase |
Acceptable Funds for a NYC Real Estate Closing
We hear this question often from our clients—what methods of payment are acceptable at the closing table?
Aside from the fact that no one wants to sit at the closing table for hours counting out a few hundred thousand dollars’ worth of singles, a bag of money will not suffice for closing. Cash is acceptable up to $1,000, but most sellers require certified or bank checks (which is stated in the Contract of Sale). There are many reasons why cash is unacceptable—counting errors can occur or the cash can easily be stolen after closing.
Personal checks are usually not accepted either. Certified or bank checks provide better assurances for the seller, buyer, lender, and title insurance company by creating a precise accounting of what is being paid. Since there are many fees associated with closing, multiple checks allow for a streamlined transaction.
Certified or bank checks also provide the greatest level of security and reliability. They should not be endorsed, and should generally be payable to the seller directly. However, the seller has the right to direct the buyer to write the balance check(s) to another party, such as the bank the seller is paying off.
While these are the generally accepted rules, we recommend speaking to your real estate attorney for more information, and to confirm what you will need to provide to make sure that your closing goes smoothly.
NYC Real Estate Attorney’s Closing Report: February 2018
Just a few of our recent closings. If you are also looking to buy or sell at these property addresses, you might want to give us a call.
| Property | Value | Transaction |
| 1869 Lafayette Avenue, BX, NY | $229,000 | Condo Purchase |
| 215 East 73rd Street, NY, NY | $860,000 | Coop Purchase |
| 572 Grand Street, NY, NY | $560,000 | Coop Purchase |
| 221 East 78th Street, NY, NY | $1,195,000 | Coop Sale |
| 1287 East 19th Street, BK, NY | $675,000 | Condo Purchase |
| 60 East 9th Street, NY, NY | $1,145,000 | Coop Purchase |
| 8 Golden Pond Road, West Harrison, NY | $1,835,000 | House Purchase |
| 160 West 66th Street, NY, NY | $1,390,000 | Condo Sale |
| 138 Grand Street, NY, NY | $1,875,000 | Coop Purchase |
| 25 Sutton Place South, NY, NY | $980,000 | Coop Purchase |