New York City has many landlord-tenant disputes. There are laws unique to New York State that protect
landlords’and tenants’rights. Visit US : https://sewellnylaw.com/wp-content/uploads/2017/03/Landlords-and-Loft-space-Richmond-County-Bar-Association-Publication-Spring-2017.pdf
The document discusses sources of construction law in Sri Lanka, including legislation and case law. It outlines several key Acts that govern the construction industry, such as the Apartment Ownership Law Act, and summarizes some important case laws that have helped define legal principles. The legislation aims to regulate the construction sector, protect the environment, and plan urban development. Case laws help interpret these statutes and serve as precedents for resolving similar legal disputes.
Vietnam Brand New Notes on Land Law dated 14 January 2014Dr. Oliver Massmann
The New Land Law makes some changes to land acquisition and use in Vietnam for foreign and domestic investors. Key changes include:
1. Land allocation is now based on the objective of land use (e.g. residential housing) rather than the identity of the land user.
2. Rights of land users are linked to whether they pay land rent annually or as a one-time fee.
3. There are still some differences between foreign invested enterprises and domestic entities, such as FIEs cannot lease land from individuals.
4. Conditions on transferring assets attached to land are more stringent under the New Land Law.
The document discusses different classifications and types of property. It defines property as tangible items that can be seen and touched, as well as intangible items like copyrights and investments. Property is classified as real versus personal, and tangible versus intangible. Real property refers to land and fixtures, while personal property is all other property. Title to property can be acquired through deeds, inheritance, adverse possession, foreclosure, and eminent domain. The document also discusses different ownership interests in real property like fee simple versus life estates.
This document provides an overview of the development of copyright law around the world. It discusses early copyright statutes in Britain and France. The Statute of Anne in 1710 was the first copyright statute and established the first copyright law in Britain. French copyright law was based on "droit d'auteur" and developed in the 18th century. The document also summarizes the development of copyright law in the US, Berne Convention, TRIPS Agreement, Rome Convention, and the evolution of copyright law in India. It concludes that copyright is important as it provides economic benefits to intellectuals for their creative works.
Final Paper written on the history of the copyright code from the perspective of past, present, and future predictions for my MUS343 course that Dr. Anthony Merlino instructed.
An easement is a right over another's land, such as a right of way. It must be created by express grant between proprietors and registered. An unregistered easement gives no rights. Alternatively, if the neighbor refuses a registered easement, one can apply to the Land Administrator for a right of way (LAROW), though the Administrator is reluctant if other access exists. The document discusses these concepts and differences between an easement and LAROW under the National Land Code.
This document provides an overview of the history of land law in Tanzania. It discusses:
- How land was defined under German and British colonial rule as "public land" owned by the state, disregarding indigenous customary land tenure.
- How the Land Ordinance of 1923 and amendments declared customary land titles as "deemed rights of occupancy" but did not secure these rights, allowing colonial states to easily alienate land.
- How customary land tenure came to be seen as inferior to statutory "granted rights of occupancy," with customary titles viewed merely as "permissive rights" by colonial courts. This established the state's control over land allocation and use.
The document discusses sources of construction law in Sri Lanka, including legislation and case law. It outlines several key Acts that govern the construction industry, such as the Apartment Ownership Law Act, and summarizes some important case laws that have helped define legal principles. The legislation aims to regulate the construction sector, protect the environment, and plan urban development. Case laws help interpret these statutes and serve as precedents for resolving similar legal disputes.
Vietnam Brand New Notes on Land Law dated 14 January 2014Dr. Oliver Massmann
The New Land Law makes some changes to land acquisition and use in Vietnam for foreign and domestic investors. Key changes include:
1. Land allocation is now based on the objective of land use (e.g. residential housing) rather than the identity of the land user.
2. Rights of land users are linked to whether they pay land rent annually or as a one-time fee.
3. There are still some differences between foreign invested enterprises and domestic entities, such as FIEs cannot lease land from individuals.
4. Conditions on transferring assets attached to land are more stringent under the New Land Law.
The document discusses different classifications and types of property. It defines property as tangible items that can be seen and touched, as well as intangible items like copyrights and investments. Property is classified as real versus personal, and tangible versus intangible. Real property refers to land and fixtures, while personal property is all other property. Title to property can be acquired through deeds, inheritance, adverse possession, foreclosure, and eminent domain. The document also discusses different ownership interests in real property like fee simple versus life estates.
This document provides an overview of the development of copyright law around the world. It discusses early copyright statutes in Britain and France. The Statute of Anne in 1710 was the first copyright statute and established the first copyright law in Britain. French copyright law was based on "droit d'auteur" and developed in the 18th century. The document also summarizes the development of copyright law in the US, Berne Convention, TRIPS Agreement, Rome Convention, and the evolution of copyright law in India. It concludes that copyright is important as it provides economic benefits to intellectuals for their creative works.
Final Paper written on the history of the copyright code from the perspective of past, present, and future predictions for my MUS343 course that Dr. Anthony Merlino instructed.
An easement is a right over another's land, such as a right of way. It must be created by express grant between proprietors and registered. An unregistered easement gives no rights. Alternatively, if the neighbor refuses a registered easement, one can apply to the Land Administrator for a right of way (LAROW), though the Administrator is reluctant if other access exists. The document discusses these concepts and differences between an easement and LAROW under the National Land Code.
This document provides an overview of the history of land law in Tanzania. It discusses:
- How land was defined under German and British colonial rule as "public land" owned by the state, disregarding indigenous customary land tenure.
- How the Land Ordinance of 1923 and amendments declared customary land titles as "deemed rights of occupancy" but did not secure these rights, allowing colonial states to easily alienate land.
- How customary land tenure came to be seen as inferior to statutory "granted rights of occupancy," with customary titles viewed merely as "permissive rights" by colonial courts. This established the state's control over land allocation and use.
This document discusses the legal definition and ownership of fixtures under Malaysian law. It notes that Malaysian law follows the English common law of fixtures. Under this law:
1) Anything fixed to the land, such as chattels affixed by the landlord or previous tenants, becomes part of the land and passes to subsequent tenants unless expressly excluded.
2) Fixtures affixed by the tenant must usually be delivered up to the landlord at the end of the tenancy, unless the tenant has a legal right to remove them.
3) Whether a tenant can remove fixtures may depend on any agreement between the parties or special legal rules. Fixtures the tenant cannot remove are called "landlord's fixtures" while removable
Vested Rights in Condemnation-1-3.ED Semiinar 2014v4.PowerpointPaul Barkhurst
This document provides an overview of vested rights and condemnation law. It begins with a brief history of property rights dating back to Roman and English common law. It discusses key Supreme Court cases like Euclid that established zoning as a valid use of police power. It explains the difference between police power regulations and condemnation. It outlines the development of common law vested rights doctrines and later statutes in Texas like Chapter 245 of the Local Government Code that were intended to provide more certainty around vested development rights. The document provides examples of relevant case law and outlines exemptions to statutory vesting rights.
The defenses to the tort of trespass include title and possession of the property, easements, statutes of limitations, and estoppel. Trespass to land involves unlawful intrusion onto another's land. A person in actual possession can sue trespassers. Trespass can involve wrongful entry onto land, placing things on land, intrusion into airspace above land, or remaining on land after permission has been revoked. Continuing trespass occurs when the effects of the original trespass remain ongoing. Mistake is not a defense to trespass.
This document discusses different types of easements under New York law. It begins by defining an easement and outlining the four ways they can be created: by grant, implication from prior use, implication from necessity, and prescription. It then examines each type of easement in more detail, providing examples of cases that illustrate how courts determine whether an easement has been validly created. The document also distinguishes between appurtenant easements, which benefit a landowner in their capacity as owner of a dominant estate, and easements in gross, which benefit an individual personally rather than as a landowner.
A Land Acquisition and Licensing For Property Development In IndonesiaLeks&Co
This document provides an overview of land rights and land registration in Indonesia. It discusses the main types of land rights including ownership rights, cultivation rights, building rights, use rights, and management rights. It also describes land registration objects and the land registration system. The legal basis for land rights and registration are the Basic Agrarian Law and related government regulations on cultivation rights, building rights, use rights, and land registration.
International Regime for protection of copyright.Ronit9605
This document provides an overview of the international regime for the protection of copyright. It discusses several key international treaties and organizations, including the Berne Convention, TRIPS Agreement, WIPO Copyright Treaty, and Universal Copyright Convention. The document outlines some of the basic principles and provisions of these agreements, such as national treatment, automatic protection without formalities, minimum standards for copyright protection and enforcement. It also summarizes the purpose and key terms of the Universal Copyright Convention as an alternative to the Berne Convention for countries that disagreed with its terms.
The document provides an overview of performance rights in sound recordings in the United States compared to international neighboring rights regimes. It discusses how most civil law countries have adopted neighboring rights regimes through treaties like the Rome Convention, which extend copyright protection to performers and record labels for public broadcasts of sound recordings. In contrast, the United States only provides limited digital performance rights and has yet to enact a broad neighboring rights regime, leaving many sound recordings without performance rights protections. The document argues that the US should follow the civil law approach and enact a neighboring rights regime to fully protect performance rights in sound recordings.
The document provides a chronological overview of copyright law from ancient Ireland to modern times. It discusses several key events and developments in copyright law, including the earliest known case in ancient Ireland, the Statute of Anne in 1709 as the first copyright statute, the Berne Convention of 1886 which established international copyright agreements, and more recent debates around digital copyright and the internet. The document also examines the purpose of copyright law to protect authors' rights to benefit from and control their works.
This document is a legal opinion from the Securities and Exchange Commission of the Philippines regarding whether a condominium corporation that leases private land can have more than 40% foreign equity. The opinion summarizes that under Philippine law, foreign investors are allowed to lease private lands for periods up to 50 years renewable once for 25 additional years. It also cites that the Condominium Act allows up to 40% foreign ownership in condominium corporations. Therefore, the SEC concludes that a foreign-owned corporation can establish a condominium corporation and develop a condominium project on leased land, subject to the conditions in the applicable laws regarding foreign investment and land leases.
This document discusses Land Administrator's Right of Way (LAROW) in Malaysia. It defines LAROW as a right of way created by the Land Administrator over alienated land to provide access between any land and a public terminal, with or without the proprietor's concurrence. LAROW is a type of imposed right that runs with the land and binds successor titles. The document outlines the process for creating public and private LAROW, including applying to the Land Administrator, surveys, compensation, and conditions for extinguishing a LAROW. It also summarizes several court cases related to determining when a LAROW is considered "expedient" over alternative access routes.
The document discusses changes to New York's adverse possession laws. Under the old law, adverse possession required five elements to be proved, including possession under a claim of title. The 2008 amendments more narrowly defined what constitutes actual possession and replaced "claim of title" with "claim of right," defined as having a reasonable basis to believe the property belongs to the adverse possessor. The amendments also specified that de minimis non-structural encroachments and lawn mowing across boundaries will be deemed permissive, not adverse possession. Court cases have applied the new "claim of right" standard and "de minimis" provisions.
Real property includes land, buildings, trees, airspace, subsurface rights, and fixtures. Ownership can be possessory through estates like fee simple, life, or leasehold, or nonpossessory through easements, profits, or licenses. Real property ownership can be transferred through deeds, gifts, sales, inheritance, adverse possession, or eminent domain. Key concepts include types of deeds, recording statutes, contracts for sale, inheritance, adverse possession, eminent domain, zoning, and restrictive covenants.
The Speculator Loophole: Ellis Act Evictions in San FranciscoTenants Together
Dean Preston, Executive Director of Tenants Together, authored this report. Dean is an attorney and a leading expert on the Ellis Act. Tenants Together is a nonprofit organization dedicated to defending and advancing the rights of California tenants to safe, decent, and affordable housing. Tenants Together is California’s only statewide
renters’ rights organization.
Tenants Together collaborated with the Anti-Eviction Mapping Project to prepare this report. The Anti-Eviction Mapping Project has been at the forefront of collecting, analyzing and presenting data on Ellis Act evictions in San Francisco. TT wishes to acknowledge and thank Erin McElroy and Jennifer Fieber of the Anti-Eviction Mapping Project for their extraordinary work on data and visualizations for this report, Aimee Inglis of Tenants Together for graphic design, and Sasha Ellis of Tenants Together for research assistance.
This document provides an overview of the history and background of U.S. copyright law. It discusses the major copyright statutes enacted over time, including the initial 1790 Act, the 1909 Act that dominated the 20th century, and the landmark 1976 Act that overhauled U.S. copyright law. It notes that U.S. copyright law traces its origins to British censorship and publishing laws from the 16th century. The document also provides brief summaries of some of the key provisions and changes made in the major copyright statutes over time, including changes to subject matter coverage, duration of copyright, owner rights, and formalities.
Development of Oil and Gas in Pennsylvania Where Subsurface Owners Are Unknow...Lisa McManus
Leasing property for oil and gas development is complicated by the inability to identify or locate heirs who own record title to all or a fraction of the oil and gas. This presentation reviews the current Dormant Oil and Gas Act law in Pennsylvania, as well as pending legislation to address this thorny issue.
The document discusses the concept of landlord and tenant. It begins with an introduction stating that the topic will focus on the fundamental principles of the relationship. It then provides definitions and background information on key terms like landlord, tenant, premises, rent, and different types of tenancies. The document outlines some of the features of a landlord-tenant relationship, such as it being contractual in nature, involving exclusive possession of a property for a set term, and requiring consideration like rent. It also discusses the relevant laws regulating tenancies and the courts that have jurisdiction over landlord-tenant matters.
Easements and Access to Neighbouring LandsAdrian Mueller
Did you know the common law does not give a person a right to enter a neighbour’s land without the neighbour’s permission?
The owner of land has the right to decide who will come on to the land, who will build there, who will stay off and on what terms a person will be able to enter the land. Do you need an easement?
www.muellers.com.au I 02 9562 1266
The document discusses issues related to land and small house development in country park enclaves. It provides background on the small house policy and its intended purpose of allowing indigenous villagers to build small houses for themselves. However, it notes that in many enclaves, developers have bought large tracts of private land from indigenous villagers through illegal schemes that misrepresent the true ownership and beneficial interests. It examines several case studies and raises concerns about whether small house development actually benefits indigenous villagers or is being used to facilitate larger commercial developments in contravention of the original policy aims.
Dr. Tabrez Ahmad discusses intellectual property rights and copyright law in India. The document covers the objectives of copyright, applicable treaties and conventions, amendments made to strengthen enforcement against piracy, challenges posed by the internet, and measures taken by the government to better enforce copyright laws. It provides a detailed overview of the evolution of copyright law in India.
Texas Landlords and Tenants Guide - 2010Bob Lowery
This document summarizes Texas laws regarding landlord and tenant responsibilities. It discusses a landlord's duty to repair rental properties and provide contact information to tenants. It also covers a tenant's rights and responsibilities regarding repairs, security deposits, lease terminations, and other issues. The document is intended to help both landlords and tenants understand their legal rights and obligations under Texas property codes.
This is a complete summary of the CAPE UNIT 2 MODULE 3 property law course. Answering questions and essay writing will be done in a separate presentation. The presentation seeks to summarize the requirements set by the examiners and outlined by the syllabus to assist students preparing for the exam a quick reference guide. Property law for CAPE can be seen as a complex area of study based on some of the principles employed, however CAPE focuses on the core principles set down within the Caribbean legal systems and with some of it's origins from the Roman/Dutch laws and principles The UK English common law system still plays much of an active role in the development of these principles, however with a few changes made by various regions. This presentation however was written to focus on one jurisdiction as CAPE is specific to every region of law and the body of law that governs that region, however once again, the key principles apply across the Caribbean regardless of jurisdiction. It is to note that easements was not included in this presentation since for the benefit of University students a separate presentation on the topic which covers both A levels and university was done. All the best in the exams students.
This document discusses the legal definition and ownership of fixtures under Malaysian law. It notes that Malaysian law follows the English common law of fixtures. Under this law:
1) Anything fixed to the land, such as chattels affixed by the landlord or previous tenants, becomes part of the land and passes to subsequent tenants unless expressly excluded.
2) Fixtures affixed by the tenant must usually be delivered up to the landlord at the end of the tenancy, unless the tenant has a legal right to remove them.
3) Whether a tenant can remove fixtures may depend on any agreement between the parties or special legal rules. Fixtures the tenant cannot remove are called "landlord's fixtures" while removable
Vested Rights in Condemnation-1-3.ED Semiinar 2014v4.PowerpointPaul Barkhurst
This document provides an overview of vested rights and condemnation law. It begins with a brief history of property rights dating back to Roman and English common law. It discusses key Supreme Court cases like Euclid that established zoning as a valid use of police power. It explains the difference between police power regulations and condemnation. It outlines the development of common law vested rights doctrines and later statutes in Texas like Chapter 245 of the Local Government Code that were intended to provide more certainty around vested development rights. The document provides examples of relevant case law and outlines exemptions to statutory vesting rights.
The defenses to the tort of trespass include title and possession of the property, easements, statutes of limitations, and estoppel. Trespass to land involves unlawful intrusion onto another's land. A person in actual possession can sue trespassers. Trespass can involve wrongful entry onto land, placing things on land, intrusion into airspace above land, or remaining on land after permission has been revoked. Continuing trespass occurs when the effects of the original trespass remain ongoing. Mistake is not a defense to trespass.
This document discusses different types of easements under New York law. It begins by defining an easement and outlining the four ways they can be created: by grant, implication from prior use, implication from necessity, and prescription. It then examines each type of easement in more detail, providing examples of cases that illustrate how courts determine whether an easement has been validly created. The document also distinguishes between appurtenant easements, which benefit a landowner in their capacity as owner of a dominant estate, and easements in gross, which benefit an individual personally rather than as a landowner.
A Land Acquisition and Licensing For Property Development In IndonesiaLeks&Co
This document provides an overview of land rights and land registration in Indonesia. It discusses the main types of land rights including ownership rights, cultivation rights, building rights, use rights, and management rights. It also describes land registration objects and the land registration system. The legal basis for land rights and registration are the Basic Agrarian Law and related government regulations on cultivation rights, building rights, use rights, and land registration.
International Regime for protection of copyright.Ronit9605
This document provides an overview of the international regime for the protection of copyright. It discusses several key international treaties and organizations, including the Berne Convention, TRIPS Agreement, WIPO Copyright Treaty, and Universal Copyright Convention. The document outlines some of the basic principles and provisions of these agreements, such as national treatment, automatic protection without formalities, minimum standards for copyright protection and enforcement. It also summarizes the purpose and key terms of the Universal Copyright Convention as an alternative to the Berne Convention for countries that disagreed with its terms.
The document provides an overview of performance rights in sound recordings in the United States compared to international neighboring rights regimes. It discusses how most civil law countries have adopted neighboring rights regimes through treaties like the Rome Convention, which extend copyright protection to performers and record labels for public broadcasts of sound recordings. In contrast, the United States only provides limited digital performance rights and has yet to enact a broad neighboring rights regime, leaving many sound recordings without performance rights protections. The document argues that the US should follow the civil law approach and enact a neighboring rights regime to fully protect performance rights in sound recordings.
The document provides a chronological overview of copyright law from ancient Ireland to modern times. It discusses several key events and developments in copyright law, including the earliest known case in ancient Ireland, the Statute of Anne in 1709 as the first copyright statute, the Berne Convention of 1886 which established international copyright agreements, and more recent debates around digital copyright and the internet. The document also examines the purpose of copyright law to protect authors' rights to benefit from and control their works.
This document is a legal opinion from the Securities and Exchange Commission of the Philippines regarding whether a condominium corporation that leases private land can have more than 40% foreign equity. The opinion summarizes that under Philippine law, foreign investors are allowed to lease private lands for periods up to 50 years renewable once for 25 additional years. It also cites that the Condominium Act allows up to 40% foreign ownership in condominium corporations. Therefore, the SEC concludes that a foreign-owned corporation can establish a condominium corporation and develop a condominium project on leased land, subject to the conditions in the applicable laws regarding foreign investment and land leases.
This document discusses Land Administrator's Right of Way (LAROW) in Malaysia. It defines LAROW as a right of way created by the Land Administrator over alienated land to provide access between any land and a public terminal, with or without the proprietor's concurrence. LAROW is a type of imposed right that runs with the land and binds successor titles. The document outlines the process for creating public and private LAROW, including applying to the Land Administrator, surveys, compensation, and conditions for extinguishing a LAROW. It also summarizes several court cases related to determining when a LAROW is considered "expedient" over alternative access routes.
The document discusses changes to New York's adverse possession laws. Under the old law, adverse possession required five elements to be proved, including possession under a claim of title. The 2008 amendments more narrowly defined what constitutes actual possession and replaced "claim of title" with "claim of right," defined as having a reasonable basis to believe the property belongs to the adverse possessor. The amendments also specified that de minimis non-structural encroachments and lawn mowing across boundaries will be deemed permissive, not adverse possession. Court cases have applied the new "claim of right" standard and "de minimis" provisions.
Real property includes land, buildings, trees, airspace, subsurface rights, and fixtures. Ownership can be possessory through estates like fee simple, life, or leasehold, or nonpossessory through easements, profits, or licenses. Real property ownership can be transferred through deeds, gifts, sales, inheritance, adverse possession, or eminent domain. Key concepts include types of deeds, recording statutes, contracts for sale, inheritance, adverse possession, eminent domain, zoning, and restrictive covenants.
The Speculator Loophole: Ellis Act Evictions in San FranciscoTenants Together
Dean Preston, Executive Director of Tenants Together, authored this report. Dean is an attorney and a leading expert on the Ellis Act. Tenants Together is a nonprofit organization dedicated to defending and advancing the rights of California tenants to safe, decent, and affordable housing. Tenants Together is California’s only statewide
renters’ rights organization.
Tenants Together collaborated with the Anti-Eviction Mapping Project to prepare this report. The Anti-Eviction Mapping Project has been at the forefront of collecting, analyzing and presenting data on Ellis Act evictions in San Francisco. TT wishes to acknowledge and thank Erin McElroy and Jennifer Fieber of the Anti-Eviction Mapping Project for their extraordinary work on data and visualizations for this report, Aimee Inglis of Tenants Together for graphic design, and Sasha Ellis of Tenants Together for research assistance.
This document provides an overview of the history and background of U.S. copyright law. It discusses the major copyright statutes enacted over time, including the initial 1790 Act, the 1909 Act that dominated the 20th century, and the landmark 1976 Act that overhauled U.S. copyright law. It notes that U.S. copyright law traces its origins to British censorship and publishing laws from the 16th century. The document also provides brief summaries of some of the key provisions and changes made in the major copyright statutes over time, including changes to subject matter coverage, duration of copyright, owner rights, and formalities.
Development of Oil and Gas in Pennsylvania Where Subsurface Owners Are Unknow...Lisa McManus
Leasing property for oil and gas development is complicated by the inability to identify or locate heirs who own record title to all or a fraction of the oil and gas. This presentation reviews the current Dormant Oil and Gas Act law in Pennsylvania, as well as pending legislation to address this thorny issue.
The document discusses the concept of landlord and tenant. It begins with an introduction stating that the topic will focus on the fundamental principles of the relationship. It then provides definitions and background information on key terms like landlord, tenant, premises, rent, and different types of tenancies. The document outlines some of the features of a landlord-tenant relationship, such as it being contractual in nature, involving exclusive possession of a property for a set term, and requiring consideration like rent. It also discusses the relevant laws regulating tenancies and the courts that have jurisdiction over landlord-tenant matters.
Easements and Access to Neighbouring LandsAdrian Mueller
Did you know the common law does not give a person a right to enter a neighbour’s land without the neighbour’s permission?
The owner of land has the right to decide who will come on to the land, who will build there, who will stay off and on what terms a person will be able to enter the land. Do you need an easement?
www.muellers.com.au I 02 9562 1266
The document discusses issues related to land and small house development in country park enclaves. It provides background on the small house policy and its intended purpose of allowing indigenous villagers to build small houses for themselves. However, it notes that in many enclaves, developers have bought large tracts of private land from indigenous villagers through illegal schemes that misrepresent the true ownership and beneficial interests. It examines several case studies and raises concerns about whether small house development actually benefits indigenous villagers or is being used to facilitate larger commercial developments in contravention of the original policy aims.
Dr. Tabrez Ahmad discusses intellectual property rights and copyright law in India. The document covers the objectives of copyright, applicable treaties and conventions, amendments made to strengthen enforcement against piracy, challenges posed by the internet, and measures taken by the government to better enforce copyright laws. It provides a detailed overview of the evolution of copyright law in India.
Texas Landlords and Tenants Guide - 2010Bob Lowery
This document summarizes Texas laws regarding landlord and tenant responsibilities. It discusses a landlord's duty to repair rental properties and provide contact information to tenants. It also covers a tenant's rights and responsibilities regarding repairs, security deposits, lease terminations, and other issues. The document is intended to help both landlords and tenants understand their legal rights and obligations under Texas property codes.
This is a complete summary of the CAPE UNIT 2 MODULE 3 property law course. Answering questions and essay writing will be done in a separate presentation. The presentation seeks to summarize the requirements set by the examiners and outlined by the syllabus to assist students preparing for the exam a quick reference guide. Property law for CAPE can be seen as a complex area of study based on some of the principles employed, however CAPE focuses on the core principles set down within the Caribbean legal systems and with some of it's origins from the Roman/Dutch laws and principles The UK English common law system still plays much of an active role in the development of these principles, however with a few changes made by various regions. This presentation however was written to focus on one jurisdiction as CAPE is specific to every region of law and the body of law that governs that region, however once again, the key principles apply across the Caribbean regardless of jurisdiction. It is to note that easements was not included in this presentation since for the benefit of University students a separate presentation on the topic which covers both A levels and university was done. All the best in the exams students.
This document summarizes several recent court cases related to landlord liability and tenant harassment. It discusses how the U.S. Court of Appeals for the Second Circuit in Francis v. Kings Park Manor expanded landlord liability under the Fair Housing Act to include failing to address a racially hostile environment created by one tenant targeting another. It also discusses how New York common law typically shields landlords from liability for injuries caused by one tenant to another, unless the landlord had control over the assailant. The document then provides more details on these cases and decisions.
Learning ResourcesThis page contains the Learning Resources fo.docxsmile790243
Learning Resources
This page contains the Learning Resources for this week. Be sure to scroll down the page to see all of the assigned resources for this week. To view this week's media resources, please use the streaming media player below.
Media
·
Video: Laureate Education (Producer). (n.d.). Property law (Bundle of sticks) [Video file]. Retrieved from https://class.waldenu.edu
Note: The approximate length of this media piece is 3 minutes.
Readings
· Course Text: Currier, K.A., Eimermann, T.E. (2016). The study of law: A critical thinking approach (4th ed.). New York: Wolters Kluwer.
. Chapter 9, "Property and Estate Law"
· Article: Legal Information Institute. (2005). Kelo v. New London (04-108) 545 U.S. 469. Retrieved from http://www.law.cornell.edu/supct/html/04-108.ZS.html
· Article: Legal Information Institute. (2004). Uniform commercial code: Article 2a. Retrieved from http://www.law.cornell.edu/ucc/2A/
· Article: Findlaw. (n.d.). Overview: Commercial lease agreements. Retrieved January 6, 2011, from http://smallbusiness.findlaw.com/business-operations/commercial-lease-agreement-overview.html
· Article: Hudson, D. Z. (2010). Eminent domain due process. Yale Law Journal, 119, 1280–1327.
Use the Academic Search Complete database, and search using the article's title.
Enter your MyWalden user name: ([email protected]) and password (3#icldyoB1) at the prompt.
Hudson, D. (2010). Eminent Domain Due Process. Yale Law Journal, 119(6), 1280-1327.
Other Resources
· Commercial Lease Agreement
WAL_PSPA3010_05_
A_EN-CC.mp4
The Study of Law
Currier, K.A., Eimermann, T.E. (2016). The study of law: A critical thinking approach (4th ed.).
New York: Wolters Kluwer
Aspen College Series
The Study of Law
A Critical Thinking Approach
Fourth Edition
Katherine A. Currier • Thomas E. Eimermann
®Wolters Kluwer
Property and Estate Law
In no country in the world is the love of property more
active and more anxious than in the United States.
Alexis de Tocqueville
CHAPTER OBJECTIVES
_-Vter reading this chapter, you should be able to:
• Define real and personal property.
• Discuss the rights of landlords and tenants.
• Distinguish the different forms of joint property ownership.
• Discuss limitations on property rights.
• Discuss how property can be transferred either on a temporary or per-
manent basis.
• Discuss intestate versus testate succession.
• Explain the requirements for a valid will and the probate process.
INTRODUCTION
The concept of property is at the heart of the American legal system. Our eco-
-omic system is built on the ideas of capitalism and free enterprise, and the con-
:ept of private property rights is central to our economic success.
Property is usually thought of as being a tangible object, such as a house
r an automobile. However, in law the term applies to the set of rights related
:o ownership. Examples include deeds, leases, easements, contractual rights,
341
• 3 ...
This document discusses landlord and tenant obligations under Illinois law. It provides an overview of key topics including:
1. The duties of landlords to deliver possession to tenants, make repairs, and provide quiet enjoyment. It summarizes relevant statutes and common law on these issues.
2. The rules around security deposits, including timelines for returning deposits and paying interest. The key state statutes governing these obligations are summarized.
3. A brief overview of the applicability of the Fair Credit Reporting Act and Protecting Tenants at Foreclosure Act in landlord-tenant relationships.
4. Abandoned property issues are also listed as a topic but not further discussed. Background information is provided on the author and their qualifications
For this milestone, you will review Case Study Two and compose a.docxtamikowadson
For this milestone, you will review Case Study Two and compose a short report, applying your legal knowledge and understanding of the types of business organizations. Case Study Two concentrates on contracts and landlord-tenant law.
For additional details, please refer to the Milestone Two Guidelines and Rubric document and the Milestone Two Template in the Assignment Guidelines and Rubrics section of the course
PART 10
Property
LEARNING OBJECTIVES
After reading this chapter, you will be able to answer the following questions:
1
What are the interests in real property that someone can hold?
2
How is real property voluntarily transferred?
3
How is real property involuntarily transferred?
4
How is the use of property restricted?
CASE OPENER
Economic Redevelopment in Poletown
General Motors wanted to expand its facility, but when the company offered to purchase the property it needed, the owners would not accept the offers. The firm then approached the Detroit Economic Development Corporation with a request that the corporation use its power of eminent domain to acquire a large parcel of land on which members of the plaintiff organization, Poletown Neighborhood Council, resided and had small businesses. Once the corporation had acquired the land, it would be conveyed to General Motors for its plant expansion. The justification for the use of eminent domain was the creation of jobs for the economically depressed area.
The plaintiffs, who did not want their community destroyed, sued the city and the development corporation on the grounds that they were abusing their power of eminent domain to take private property for a private use.
1.
Can business managers ask the city to buy real property for them when the owners do not wish to sell it?
2.
What would determine whether the government can legally take the property for the corporation?
The Wrap-Up at the end of the chapter will answer these questions.
p. 1079
Ownership of real property seems to be one of the goals of most people in the United States. In this chapter we examine the nature of real property, the types of interests someone can own in real property, and how those interests can be transferred. As the opening scenario implies, transfers can be either voluntary or involuntary.
PART 10
Property
LEARNING OBJECTIVES
After reading this chapter, you will be able to answer the following questions:
1
How is the landlord-tenant relationship created?
2
What are the rights and duties of the landlord and tenant?
3
What are landlords' liabilities for injuries on the premises?
4
How are interests in leased property transferred?
5
How are leases terminated?
CASE OPENER
Free to Choose?
Roommates.com
operates a Web site that helps individuals find roommates. Individuals searching for roommates create profiles using questionnaires provided by the Web site. The questionnaires ask for information about age, sex, and sexual orientation, as well as whether the perso ...
The document discusses the Slum Areas (Improvement and Clearance) Act of 1956 and the Rent Control Act in India. It provides the following key points:
1. The Slum Areas Act aims to provide security of tenure, basic amenities, and affordable housing to slum dwellers through legal documents assigning dwelling space.
2. Rent control acts were intended to protect tenants from eviction and paying excessive rent, but led to shortages by controlling prices below market equilibrium.
3. Arguments against rent control include reduced investment in rental housing, deterioration of housing stock, difficulty evicting tenants, and inefficient allocation of resources.
Easement Law presentation by Shawn Freeman.pdfMark991669
Easements are interests in land. Unlike fee simple ownership, they are nonpossessory. Rather, they allow the easement holder to use or control someone else’s land. Suppose Anna owns Blackacre, and Brad owns Whiteacre, which borders Blackacre. Anna would like to cross Whiteacre to reach Blackacre. She could ask Brad for permission to cross, but even if he says yes, permission can be revoked. Brad might also convey Whiteacre to a less welcoming owner. Anna may therefore wish to acquire a property interest that gives her an irrevocable right to cross over Whiteacre. If Brad conveys her this interest (by sale or grant), Anna now owns an easement of access, which is a right to enter and cross through someone’s land on the way to someplace else.
Terminology. Easements come in multiple flavors. The first distinction is between affirmative and negative easements. An affirmative easement lets the owner do something on (or affecting) the land of another, known as the servient estate (or servient tenement). The right is the benefit of the easement, and the obligation on the servient estate is its burden.
As noted above, a common affirmative easement is an easement of access (also known as an easement of way), which requires the owner of the servient estate to allow the easement holder to travel on the land to reach another location. In the example above, Anna has an affirmative easement to cross Whiteacre, the servient estate, to access Blackacre.1 A negative easement prohibits the owner of the servient estate from engaging in some action on the land. For example, if Anna has a solar panel on her property, she might acquire a solar easement from Brad that would prohibit the construction of any structures on Whiteacre that might block the sun from Anna’s panel on Blackacre.
Another distinction is between easements appurtenant and easements in gross. An easement appurtenant benefits another piece of land, the dominant estate. The owner of the dominant estate exercises the rights of the easement. If ownership of the dominant estate changes, the new owner exercises the powers of the easement; the prior owner retains no interest. So if Anna’s easement to cross Whiteacre to reach Blackacre is an easement appurtenant, Blackacre is the dominant estate. If she conveys Blackacre to Charlie, Charlie becomes the owner of the easement.
This work covers the University of London LLB Law program property law course. All the best in the exams.
https://opencasebook.org/casebooks/510-open-source-property/resources/8.1-a-what-is-an-easement/
House Bill 2001 eliminates single-family zoning in Oregon, requiring cities over 25,000 people to allow duplexes, triplexes, fourplexes, and cottage clusters where only single-family homes were previously allowed. Senate Bill 608 limits annual rent increases to 7% plus inflation, prohibits no-cause evictions after the first year, and requires landlords to pay one month's rent in relocation expenses for certain evictions. The bills attempt to address Oregon's housing shortage and affordability crisis by increasing housing supply under HB 2001 and tenant protections under SB 608, though they remain controversial with differing perspectives between tenants and landlords.
Unit 2 Section 4 Review of Colorado Contract LawBy the end of .docxlillie234567
Unit 2 Section 4 Review of Colorado Contract Law
By the end of this unit, you will be able to:
· Describe the Conway-Bogue court case and summarize the ruling of the Colorado Supreme Court
· Compare and contrast the CO Fair Housing Act and the Federal Fair Housing Act
· Explain Common-Interest Ownership and its requirements
· Describe CO Statutory Relationships
There are several core case laws and statutes affecting the practice of real estate in Colorado. They are presented here in summary format along with the reference for further investigation.
Click here to read the following section in the Colorado Revised Statutes:
· CRS 38-10-108
End of Page
Unit 2-4 Conway-Bogue
Conway–Bogue is the shortened name of one of the parties to a major case law opinion by the Colorado Supreme Court in 1957. The lawyers in the Denver Bar Association sued the Conway-Bogue Realty Investment Company to prevent what the lawyers considered real estate broker infringement on their practice of law.
The Supreme Court determined that many of the
acts performed by real estate brokers do constitute the practice of law. This includes preparing deeds, leases, completing standard and approved contract forms, etc., and giving explanation or advice as to the legal effect of these forms.
It also concluded that
licensed real estate brokers may prepare these sale, loan, and leasing documents (that normally only attorneys-at-law may prepare)
only for their own customers in transactions in which they are acting as a real estate broker.
The courts said it reached its decision based on:
1. A scarcity of lawyers in many parts of the state. (
Remember, this was in the 1950’s.)
2. A 50+-year history of the public seeking brokers rather than lawyers to conduct real estate transactions.
3. No record of any public or lawyer harm from the (then) current practice.
4. No move by the legislature to stop this “alleged evil” practice.
The Court found that
to prohibit brokers from this limited practice of law would “not be in the public interest.”
End of Page
Unit 2-4 Conway-Bogue
The Colorado Association of REALTORS® legal counsel cautioned its members that the broker’s activity must be limited as to:
1. Brokers must be
connected to the transaction as broker.
2. Brokers
may not charge for legal document preparation.
3. Brokers may only prepare “
commonly used, printed, standard and approved forms.”
(Instructor’s Note: This is the precursor to Rule F-7 and the Commission-approved forms in required use today.)
Clearly, brokers
must NOT prepare:
1. Legal documents as a business, courtesy or favor, whether paid or not, when not connected to the transaction as a broker.
2. Documents that are not on standard and approved printed forms.
3. Wills or other legal documents beyond those customary in a real estate transaction.
C..
This chapter discusses property management and fair housing laws. It covers the types of properties that can be managed, the duties and responsibilities of property managers, and laws governing landlord-tenant relationships and discrimination in housing. The chapter also addresses selecting tenants, maintaining accurate records, rent control policies, and professional associations for property managers.
This document provides an overview of forcible entry and detainer (FED) actions in Illinois. It discusses that FED actions prohibit self-help in removing possessors of real estate and instead provide a statutory process to determine the right to possession. While questions of title cannot be resolved in an FED action, documents of title can be used to demonstrate the right to possession. The document outlines the relevant statutes, rules, and ordinances governing FED actions in Illinois, with a focus on the laws and procedures applicable in Cook County.
This summary provides an overview of the key information from the document in 3 sentences:
The document discusses Oregonians In Action finishing another successful legislative session, with 5 bills passing including bills related to land use and property rights. It then provides more details on each of the 5 bills that passed, including what issues they addressed and who sponsored them. The document also discusses two other land use and property rights issues regarding riverfront property ownership and challenges in eastern Oregon.
This document provides an overview of the Karnataka Apartment Ownership Act of 1972, which aims to allow individual ownership of apartments. Some key points:
- It defines apartments as individually owned units with direct access to public spaces or common areas. Owners have exclusive ownership of their apartment but also joint ownership of common spaces.
- It establishes apartments as heritable and transferable property. Owners must register declarations of ownership and deeds.
- It provides for maintenance of common areas by owners and establishes that owners are bound by building bye-laws and to contribute to common expenses.
- It allows for removal of property from the provisions of the Act and resubmission in the future.
Free Essays from 123 Help Me | Property Law Chuck decides to go into property development. He finds for sale a row of three derelict empty cottages close to .... 63, property law. university of essex school of law assignment feedback and cover sheet (do not write your name on this sheet or your essay) module name:. Land Law Essays. The essays below were written by students to help you with your own studies. If you are looking for help with your essay then we offer a .... Property Law 1 (Land Law). Info: 3964 words (16 pages) Essay Published: 16th Jul 2019. Reference this. Jurisdiction / Tag(s): UK Law.. Property law is a set of legal rules that controls the use, enjoyment, and rental of property. Many of the laws affecting property were established by English .... Explore a big database【WITH NO SIGN UP】– 100% FREE Property Law Essay Examples✓All popular types of essays ➥ Argumentative, Persuasive, .... Quiz yourself on Property, Exam 2 of 30 law essay practice questions and writing exercises by Quimbee. Built to emulate law school and MEE exams.. View and download property law essays examples. Also discover topics, titles, outlines, thesis statements, and conclusions for your property law essay.. An easement is the right to enter onto someone's land and use a portion of that ... Under the common law, title in land was measured by first in time, .... Intellectual property law essay examples written by your fellow students are collected here. LawBirdie is the best database of free law essay ...
Apartment Management: The Karnataka Apartment Ownership Act, 1972ADDA
This document outlines the Karnataka Apartment Ownership Act of 1972. It establishes the legal framework for individual ownership of apartments in multi-unit buildings. Some key points:
- It allows each apartment to be considered separate, heritable, and transferable property.
- It defines terms like "apartment", "common areas", and establishes homeowners associations to manage common expenses and maintenance.
- It requires compliance with bylaws and prohibits actions that could damage the building or other units.
- It provides for registration of declarations establishing the development and deeds for individual units.
The Act aims to facilitate individual ownership of apartments and allow the use of units as collateral for loans. This helps address the shortage
The document is a manual created by the U.S. Department of Housing and Urban Development (HUD) to assist designers and builders in meeting the accessibility requirements of the Fair Housing Act. It provides guidance on the seven design requirements in the Fair Housing Accessibility Guidelines, which were established by HUD to clarify how to design multifamily housing in compliance with the Fair Housing Act. The manual includes an introduction to the Fair Housing Act and other relevant laws, as well as detailed explanations and illustrations of the Guidelines' requirements.
The latest news and insights from the team at Adam Leitman Bailey, P.C. - must-read case highlights, articles, and recent press mentions key to expanding your knowledge of real estate law. In this issue, learn about the First and Second Department split on proprietary cooperative leases, how homelessness is effected by rent stabilization, how ALBPC won over $1M for a boutique brokerage firm, and more...
The Supreme Court's 2005 Kelo v. City of New London decision allowed eminent domain to transfer private property to other private entities for economic development purposes. This was a major expansion of eminent domain power and prompted widespread criticism. Over 40 states subsequently passed new laws restricting eminent domain use in response to Kelo. The federal courts have generally upheld Kelo in subsequent cases but distinguished it in some instances.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
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The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
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Landlords & Loft Space
1. SECTION 2
Landlords and Loft Space
by Dayrel S. Sewell, Esq. and Lance Willoughby*
New York City has many landlord-tenant disputes.
There are laws unique to New York State that protect
landlords’ and tenants’ rights.
Case Studies
In Chazon, LLC v. Maugenest, the New York Court of Ap-
peals reversed the summary judgment for the plaintiff-
landlord allowing the eviction of the defendant-tenant
from the loft unit for non-payment of rent. See Chazon,
LLC v. Maugenest, 948 N.Y.S.2d 571, 574 (N.Y. 2012).
The court reasoned that the plaintiff-landlord failed to
meet the Loft Law deadlines and did not request an ex-
Landlords & Loft Space
24
2. tension of time from the Loft Board. Chazon, LLC, 948
N.Y.S.2d at 573. The court relied on a strict, accurate in-
terpretation of the statute and case law pertaining to the
Loft Law. Id. at 574. Ultimately, the non-paying
defendant-tenant was protected under the Loft Law
from eviction because the plaintiff-landlord failed to le-
galize the property as a residential building. Id.
Recently, in alignment with New York City’s landlord-
tenant rights, 513 West 26th Realty LLC (“Landlord”)
filed a claim against Zachery Bennett and Karen Nourse
(“Tenants”) for non-payment of rent and electric
charges for the last eighty months. See Katherine
Boniello, Couple Renting Chelsea Pas Hasn’t Paid Rent
Since 2010, New York Post (last visited on Feb. 11, 2017
at 3:37 p.m.),
http://nypost.com/2017/01/08/couple-renting-chelse
a-pad-hasnt-paid-rent-since-2010/. The tenants, inde-
pendent film makers, have lived in the loft space since
1998. See Nathan Tempey, Manhattan Couple Living In A
Loft by The High Line Hasn’t Paid Rent In Years, Gotha-
m i s t ,
http://gothamist.com/2017/01/09/rent_strike_chelsea
_loft.php (last visited on Feb.11, 2017). The loft space is
located in a nine-story commercial building with other
units used as art galleries and other business purposes.
See Boniello, supra. The Tenant’s filed for loft status,
along with two other tenants, with the Loft Board in
2010. See Tempey, supra. Consequently, the Landlord
registered the building with the Loft Board after multi-
ple debates with the Tenants. Id. By 2014, the Tenants
were protected under the loft status by the Loft Board.
Id. The Tenant’s defense for non-payment of rent: (1)
the building does not comply with the New York Loft
Law (“Loft Law”); and (2) the Landlord has failed to re-
tain a residential certificate of occupancy (“CO”)[1]. See
Boniello, supra. This class of landlord- tenant dispute
requires an understanding of the Loft Law. A complete
understanding of the Loft Law will help landlords
avoid similar disputes with tenants.
Loft Law Background
To understand the Loft Law, requires a general over-
view of the art culture of New York City in the 1970s.
Lofts are residential dwellings housed in nonresidential
buildings that are open, unpartitioned spaces with high
ceilings in buildings formerly used as commercial,
manufacturing, or warehouse space. See Gerald Lebo-
vits & Linda Rzesiowiecki, The New York Loft Law, 38
N.Y. Real Prop. L. J., 21 (2010). During this time, Andy
Warhol rented a loft space in The Factory on East 47th
25
3. Street—paying $100 a year—to create work, and more
notably, host bohemian artists within his industry cir-
cle. See Nathan Brooker, New York’s Long Love Affair
With Loft Living (Feb. 11, 2016, 4:12PM),
https://www.ft.com/content/03c469e6-dfad-11e0-8e15
-00144feabdc0. This started a trend for many struggling
artists in the 1970s to seek loft spaces to create new
works due to cheap rent offered by landlords with va-
cant commercial units. See Cait Etherington, NYC Art-
ists’ Lofts Before and After the Loft Law,
https://www.cityrealty.com/nyc/market-insight/featu
res/trending-in-ny/nyc-artists-lofts-before-after-loft-la
w/4621 (last visited on Feb. 11, 2017). South of Hous-
ton (“Soho”) was one New York City neighborhood la-
beled as an artistic haven that provided the cheapest
loft spaces at the time. See Etherington, supra. In the
1940s and 1950s no one wanted to live in Soho’s indus-
trial and commercial spaces because it was considered
dirty, dangerous, and an overall undesirable place to
live. See Brooker, supra. Most of these spaces did not
provide tenants residential necessities such as hot wa-
ter. Id. Regardless, renting the empty spaces proved to
be beneficial to landlords: the occupancy of empty com-
mercial spaces. Honorable Mark C. Dillon, The Extent
To Which “Yellowstone Injunctions” Apply in Favor of Resi-
dential Tenants: Who Will See Red, Who Can Earn Green,
And Who May Feel Blue?, 9 Cardozo Pub. L. Pol’y & Eth-
ics J. 287, 348 (2011). Eventually, issues aroused be-
tween landlords and tenants regarding the loft space liv-
ing conditions. See Dillion, supra at 348. Landlords had
no legal relief when tenants did not pay rent. Id. Simi-
larly, tenants could not enforce standard residential
covenants with fear of eviction from either the city or
the landlord. Id.
New York State soon realized the public policy risks of
illegal conversion of loft spaces into residential spaces.
Id. This led to a redirected interest towards loft spaces
to ensure minimum state health and safety require-
ments for met. Id. Prior to the Loft Law provision, the
New York State Legislature had in affect the Multiple
Dwelling Law (“MDL”), which protects the general wel-
fare of tenants and living conditions in buildings with
residential units of three or more families. See N.Y. Mul-
tiple Dwelling Law § 2 (Consol. 2016). In 1982, the
MDL was amended to address the concerns of the loft
spaces, mainly in Manhattan, Brooklyn, and Queens;
which became known as the Loft Law. See Lebovits &
Rzesiowiecki, supra at 21. The amendment added the
term Interim Multiple Dwelling (“IMD”), which was di-
rected towards rented or leased building spaces in the
process of becoming multiple dwellings once the land-
26
4. lord retained a CO. Id. The amendment also created
the Loft Board to regulate the legal conversion of loft
spaces from commercial and/or manufacturing use to
residential use. See Welcome to the Loft Board,
http://www.nyc.gov/html/loft/html/home/home.sht
ml. (last visited on Feb. 11, 2017). A building is consid-
ered an IMD if it: (1) at any time was used for commer-
cial and/or manufacturing; (2) lacked a CO; (3) there
was residential occupancy in the building from April 1,
1980, to December 1,1981, by three or more tenants; and
(4) the building is in a residential zone. See Lebovits &
Rzesiowiecki, supra at 21. In 1987, the Loft Law was
amended again eliminating the residential zone require-
ment if the IMD had residential occupancy from May 1,
1987, in addition to the required occupancy dates in the
1982 amendment. Id.
The goal of the Loft Law is to encourage landlords to le-
galize loft spaces into residential use. See Dillion, supra
at 351. Ultimately, landlords could (1) evict tenants out
of the loft spaces—if the tenant had not filed for protec-
tion under the loft law—or; (2) allow tenants to stay
and have the cost burden of upgrading the loft space; or
(3) make the required building improvements. See Eth-
erington, supra. Defensively, tenants have the right, un-
der the MDL § 286 (6), to sell any improvements to a
unit in a loft space to the landlord or the incoming ten-
ant under the Loft Law. See Matter of Bikman v. New
York City Loft Bd., N.E.3d 377, 380 (N.Y. 2010).
The Loft Law was amended in June 2010 and January of
2013 by the New York State Legislature. See Welcome to
the Loft Board, supra. The amendment still includes
commercial and/or manufacturing buildings where
three or more families have lived independently from
one another for twelve consecutive months from Janu-
ary 1, 2008, to December 21, 2009, in a building that
does not have a CO. Id. In contrast to the 1982 amend-
ment, the loft space must have (1) at least one window
that faces the street; (2) a legal yard or courtyard; (3)
must be at least 400 square feet and not located in a
basement or cellar; (4) located in an industrial business
zone and; (5) the building can not have been used for
commercial and/or manufacturing purpose as of June
21, 2010. Id. Recently, the Legislature extended the ap-
plication for the Loft Law landlord registration and ten-
ant protection to June 26, 2017. See The Lost Law Appli-
cation Has Been Reopened, http://nyclofttenants.org
(last visited Feb, 11, 2017). It’s common practice for ten-
ants to apply for protection without negotiating with
the landlord. See How to Organize, Save Money, Deal with
Landlords and Skepticism,
27
5. http://nyclofttenants.org/how-to-organize/ (last vis-
ited Feb. 11, 2017). Usually, tenants take all or some of
the following tactics: (1) initial conversation with neigh-
bors about applying for loft status; (2) organize a tenant
meeting for in-depth steps; (3) seek an attorney; (4)
form a tenant’s association to save money; or (5) create
by-laws if there are a lot of units in the building. Id.
Compliance
A willing, abiding landlord can legalize a building into
residential loft spaces by taking the steps to receive a
proper CO. See Legalization Process,
http://www.nyc.gov/html/loft/html/legalization/leg
alization.shtml (last on visited Feb. 11, 2017). The land-
lord must file an alteration application with the Depart-
ment of Buildings (“DOB”), obtain an approved altera-
tion permit from the DOB, and then perform the de-
scribed work in the permit as approved by DOB inspec-
tors. Id. Prior to the building improvements, landlords
must go through a Narrative Statement Process
(“NSP”). Id. NSP is a planning process that involves
the landlord, tenant, and Loft board so that any objec-
tions to the landlord’s legalization process can be heard.
Id. Tenants’ objections usually relate to unreasonably
interference of the tenant’s enjoyment of the loft space
during the landlord’s improvements. Id. Alternately,
Landlords can file an alternate plan during an NSP. Id.
Once the NPS is approved, the landlord can proceed
with the improvement process. Id. The loft board regu-
lates the landlord’s deadlines as required by the altera-
tion permit. Id. Landlords can apply for deadline exten-
sions if good faith efforts are proven and they reasona-
bly could not comply with the law for reasons beyond
its control. Id. Failure to meet deadlines and apply for
an extension will result in high fines against the land-
lord from the Loft Board. Id.
The Loft Law is to the benefit or detriment of landlords.
If a landlord has had a vacancy for a short or long pe-
riod in commercial or manufacturing building, then it
reasonably expected that a landlord will seek to avoid a
loss of money by allowing a non-commercial tenant
such as a residential tenant. Relying on the legalization
process under the Loft Law will benefit landlords be-
cause it protects the landlord from the DOB. Once the
DOB discovers that a landlord is illegally renting loft
space for residential purposes in a former commercial
and/or manufacturing building, then fines will ensue.
Additionally, the tenants will be evicted from the build-
ing. Legalization under the Loft Law also ensures that
landlords are protected from bad tenants. A landlord
28
6. renting an illegal loft space will not have any legal reme-
dies if a tenant decides not to pay rent. This scenario
will leave the landlord in the same position prior to the
illegal practice: no incoming rent due to unit vacancies.
Ideally, a landlord under the Loft Law will enjoy the le-
gal right to file a complaint against a non-paying ten-
ant.
If a landlord decides that the process of legalizing a for-
mer commercial and/or manufacturing building to resi-
dential use is too taxing, then the best course of action:
do not allow any person(s) or entity to occupy the build-
ing with the purpose of residential use. Putting this
into action will help prevent possible damages to both
landlord and potential tenant. Landlords will not have
to worry about repercussions from the DOB or the Loft
Board. Similarly, Landlords will not have to worry
about a tenant—knowingly occupying a unit for resi-
dential purposes—quietly applying for loft status with
the Loft Board. Landlords must explicitly state in agree-
ments with commercial tenants that the unit is solely
for commercial use and under no circumstances can the
unit be used and/or modified for residential purposes.
Establishing this expectation early will best protect the
rights and interests of a landlord.
NYC Landlord-Tenant Current Events
Recently, there has been significant legal activity affect-
ing landlord-tenant rights. In February 2017, The New
York City Council passed a bill aimed to protect tenants
living in regulated halfway houses for substance abuse
issues. See N.Y.C. City Council, Int. 1168-2016, Comm.
on Hous. and Bldg., Improperly Conditioning Residential
Occupancy on Medical Treatment, (2017) (enacted) (last
visited on Mar. 1, 2017),
http://legistar.council.nyc.gov/LegislationDetail.aspx?
ID=2694005&GUID=8565678A-F9CA-4AC2-871A-59C6
C60EB09A&Options=ID|Text|&Search=tenants . Also,
New York City Mayor Bill de Blasio seeks to provide
New York City residents with incomes under $50,000
free legal representation in the housing court. See Denis
Slattery, Low-income Tenants to Get Lawyer Provided by
NYC in Housing Court Disputes, New York Daily News
(last visited on Feb. 21, 2017),
http://www.nydailynews.com/new-york/poor-tenant
s-lawyer-nyc-housing-disputes-article-1.2970264.
Conclusion
Globally-speaking, New York City is one of the hottest
real estate markets, and what appears certain is the judi-
29
7. ciary, legislative, and executive branches will continue
to strive to strike balance and find the harmonious ful-
crum between landlord and tenant.
Endnotes:
*Dayrel S. Sewell, JD, MPH is Vice-Chair of the Brooklyn Bar Associa-
tion Real Property Committee, member of the Richmond County Bar
Association, and Managing Principal of the LAW FIRM OF DAYREL
SEWELL, PLLC (http://sewellnylaw.com) based in New York City. In
addition to real estate, the law firm specializes in client service and
other areas of law. The firm may be contacted at:
info@sewellnylaw.com. Lance Willoughby is a second-year law student
at the Hofstra School of Law.
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