Many families today hold real estate through LLCs for asset protection and liability reasons. At the same time, more and more are using revocable and irrevocable trusts as part of their estate plan to avoid probate, protect privacy, and plan for smooth wealth transfers.rnrnBut what happens when those two tools intersect?rnrnCan a trustee automatically step into the shoes of a deceased LLC member? Will the operating agreement recognize that trustee as a valid decision-maker? And what if it doesn’t?rnrnThese questions often come up during moments of transition—after the death of a parent, during a refinance, or when it’s time to sell inherited real estate. At that point, if the documents weren’t set up to speak to each other, the result is confusion, delay, and sometimes conflict.
Reena Gulati Blog
Being a New York City landlord comes with both opportunities and challenges. Managing a rental property in this dynamic market requires careful attention to legal obligations to protect your interests as well as the rights of your tenants. To minimize the risk of any problems, here are some essential legal tips to help you navigate the intricacies of property management and ensure compliance with relevant laws and regulations.
Buying a co-op in New York City can be a daunting experience. However, if you are prepared and understand the process, it can alleviate some of the anxiety often associated with purchasing a co-op. There are a few things to keep in mind, depending on whether you are a buyer or a seller of a co-op.
What is a shared meter condition? It is when the utility meter that measures gas and electric or steam provided to a tenant also includes common areas that are the responsibility of the owner but are being billed on the tenant’s meter. This is in contravention of the current New York Shared Meter Law. Shared meter conditions can arise accidentally or intentionally. Either way, they are not permissible. The shared meter condition must be eliminated, or the meter must be placed in the name of the owner/landlord and the owner will remain responsible for all charges. This law cannot be waived by the tenant, owner, or utility company. Shared meter conditions are contrary to public policy.
The Administrative Code of the City of New York § 7-210 imposes a nondelegable duty on the owners of commercial property to repair and maintain the sidewalk to their property. However, in certain cases, if there is an injury or death due to the sidewalk being in disrepair, a residential tenant at the property could be held liable to the owner and must indemnify the owner of the property for any damage resulting from that injury. It depends upon how the lease reads. Therefore, a “standard lease” must be carefully reviewed to determine if that liability is knowingly being assumed by the tenant. The tenant must understand whether he or she is responsible for maintaining the sidewalk because assuming it’s not the tenant’s responsibility may result in finding out the hard way that they are liable.
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