LEGAL LEARNING LAB COURSE DESCRIPTIONS - JANUARY 3-31, 2021
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LEGAL LEARNING LAB
COURSE DESCRIPTIONS
JANUARY 3–31, 2021
LEGAL LEARNING LAB
JAN
2021
28 DAY EVENT 47 SESSIONS
TRACKS ROLL OUT WEEKLY ATTEND AT YOUR CONVENIENCE
CONFERENCE TRACKS
GOVERNANCE CONTRACTS COMMUNITY FUTURE
STREAMING JAN 3–9, 2021 STREAMING JAN 10–16, 2021 STREAMING JAN 17–23, 2021 STREAMING JAN 24-31, 2021
16 SESSIONS 9 SESSIONS 14 SESSIONS 8 SESSIONS
ABOUT THE EVENT SESSION LIST
Get practical insights from New York’s leading In the following pages you’ll find a list of sessions
co-op/condo attorneys on how to navigate today’s with a brief outline of what you’ll learn. Learning
turbulent environment. Each session is moderated tracks stream weekly and you can watch sessions
by a Habitat editor, asking the kinds of questions on your own time schedule.
confronting many boards. You’ll learn about the
issues that sneak up and upend a community’s TO REGISTER:
health and stability, and how to avoid the pitfalls.
bit.ly/LegalLearningLab
WHAT TO EXPECT 47 Sessions, Streaming Over 28 Days: $75
Practical protocol and legal advice for your board
to consider. Most sessions are between 10 and 15
minutes long – just enough time to take in new
information and not get overwhelmed.
2 HABITAT Legal Learning Lab 2021 W W W. H A B I TAT M AG .C O M
TRACKS, ROOMS AND PARTICIPATING ATTORNEYS
GOVERNANCE COMMUNITY
AMENITIES/GYMS
APARTMENT OWNERSHIP
Eric Goidel, Borah Goldstein
Altschuler Nahins & Goidel Carly Clinton Davidoff, Adam Leitman Bailey
Marc Luxemburg, Gallet Dreyer & Berkey Deborah Koplovitz, Anderson Kill
Mark Hankin, Hankin & Mazel Peter Massa, Armstrong Teasdale
John M. Desiderio, Adam Leitman Bailey Andrew Stern, Tane Waterman & Wurtzel
BOARD CHALLENGES ARREARS
Karol Robinson, Anderson Kill Christopher Tumulty, Tarter Krinsky & Drogin
Robert Braverman, Braverman Greenspun DISRUPTIVE BEHAVIOR
Lewis Montana, Levine & Montana Adam Leitman Bailey, Adam Leitman Bailey
BOARD ELECTIONS Emanuela Lupu-Ferrante, Smith Buss & Jacobs
James Glatthaar, Bleakley Platt & Schmidt Michael Manzi, Smith Gambrell & Russell
Stephen Lasser, Lasser Law Group Stanley Somer, Somer & Heller
Dean Roberts, Norris McLaughlin RESIDENT CONCERNS
Marc Schneider, Schneider Buchel Helene Hartig, Helene W. Hartig Law Offices
Steve Wagner, Wagner, Berkow & Brandt Lisa Radetsky, Phillips Nizer
RULES Dennis Greenstein, Seyfarth Shaw
David Berkey, Gallet Dreyer & Berkey SUBLETS
William McCracken, Ganfer Shore Leeds & Zauderer Phyllis Weisberg, Armstrong Teasdale
Geoffrey Mazel, Hankin & Mazel Seth Sahr, Novitt Sahr & Snow
J. David Eldridge, Taylor, Eldridge & Endres
FUTURE
CONTRACTS
COMMERCIAL INCOME
ACCESS AGREEMENTS Andrew Brucker, Armstrong Teasdale
Julie Schechter, Armstrong Teasdale Howard Schechter, Armstrong Teasdale
Adam Finkelstein, Kagan Lubic Allen Brill, Brill & Meisel
Lepper Finkelstein & Gold
C. Jaye Berger, Law Offices C. Jaye Berger CO-OP TURNAROUND
Matthew Goldberg, Hankin & Mazel
APARTMENT ALTERATIONS
Leni Morrison Cummins, Cozen O’Connor LOOKING AHEAD
Dale Degenshein, Armstrong Teasdale
CONTRACTS
Steven Sladkus, Schwartz Sladkus
Richard Klein, Klein Greco & Associates Reich Greenberg Atlas
INSURANCE Theresa Racht, Theresa Racht, Esq.
Arthur Weinstein, Law Offices of Arthur Weinstein Stewart Wurtzel, Tane Waterman & Wurtzel
Ken Jacobs, Smith Buss & Jacobs
Tom Smith, Smith Buss & Jacobs
Ian Brandt, Wagner, Berkow & Brandt
W W W. H A B I TAT M AG .C O M Legal Learning Lab 2021 HABITAT 3
LEGAL LEARNING LAB
GOVERNANCE
Amenities/Gyms; Board Challenges;
Board Elections; and Rules
STREAMING JANUARY 3 –9, 2021
AMENITIES/GYMS Is It Gym Time Now? Balancing Gym Rules
With Disability Requests
The Legal Minefield
Of Reopening Amenities
Marc Luxemburg, Partner,
Gallet Dreyer & Berkey Mark Hankin, Partner,
HOST: CAROL J. OTT Hankin & Mazel
Eric Goidel, Senior Partner,
HOST: BILL MORRIS
Borah Goldstein Altschuler Gathering places are pandemic
Nahins & Goidel hotspots, and in many co-ops Many co-op and condo boards
HOST: BILL MORRIS and condos this means gyms. have risen to the challenges of
In this session you’ll learn what reopening their gyms and other
The reopening of amenities dur-
is required to conduct gym amenity spaces — everything
ing the pandemic has touched
business safely, and what are from ventilation upgrades to
on numerous areas of the law,
the legal risks that boards face social distancing rules to hiring
but they all boil down to a sim-
when doing so. monitors. This session explores
ple conflict: a board’s use of the
n There are gyms in the base- the surprises that can ambush
Business Judgment Rule in the
ments of older buildings and even the best-prepared boards.
face of serious pushback from
spiffy ones in newly built n What should a board do
residents. Handling that conflict
condos. What should boards when a person with a disabil-
is the focus of this session.
in each of these buildings be ity asks for an accommoda-
n How can boards protect
concerned about? tion to use the gym?
themselves against charges
n What are the protections that n If the requested accom-
of negligence?
boards should put in place in modation isn’t “reasonable,”
n What are the ramifications
both types of buildings? what are the board’s options?
of reopening amenities for
n Bottom line, is it legally safe to n Should expensive discrimina-
building staff and outside
operate your building’s gym? tion lawsuits be avoided at all
contractors?
costs?
n What should be the guiding
principle on reopening and
regulating amenities?
4 HABITAT Legal Learning Lab 2021 W W W. H A B I TAT M AG .C O M
LEGAL LEARNING LAB
Juggling Amenities BOARD CHALLENGES Transition Smoothing:
and Apartment Sales From Sponsor to
Mitchell-Lama Funding
Unit-Owner Control
Complications
John M. Desiderio, Partner,
Adam Leitman Bailey Robert Braverman, Partner,
Karol Robinson, Shareholder, Braverman Greenspun
HOST: BILL MORRIS
Anderson Kill
HOST: CAROL J. OTT
Many co-op and condo boards HOST: CAROL J. OTT
have jumped through all the With a sluggish real estate mar-
Most co-ops and condos are in an
hoops required for the safe — ket, unit-owners in newly built
endless cycle of repairs, upgrades
and legal — reopening of their condos or recent conversions
and city regulation compliance.
gyms. This session is about a may be wondering when the
Underpinning all this, of course, is
condo board that balked. sponsor will relinquish control
money. Today, however, Mitchell-
n Should boards require gym of their buildings. And on that
Lamas, the co-ops that provide
users to release the board day, will unit-owners be ready
affordable housing to thousands,
from liability if the gym user to govern? There are strategies
find themselves in a funding
contracts COVID-19? for smooth transitions that many
quandary. Why that is so, and
n Even if it’s protected from condos have used, and in this
what can be done about it, is the
legal liability, what are a session you’ll learn what they are.
focus of this session.
board’s up-front costs when n How long is the sponsor
n What are the traditional
reopening an amenity? control period, and when
funding sources for
n Does the armor of the does it end?
Mitchell-Lamas?
Business Judgment Rule n What are ways to navigate
n What’s happening now to
protect boards from push- the sponsor control period
make funding more difficult?
back by shareholders and and the time limitations on
n Can’t the private market lend
unit-owners? construction defects?
to Mitchell-Lama co-ops?
n Can a sponsor give up control
gradually? If so, what are the
negatives and benefits to this?
n Reserve funds can be con-
tentious in condo conver-
sions. What can be done
about that?
W W W. H A B I TAT M AG .C O M Legal Learning Lab 2021 HABITAT 5
LEGAL LEARNING LAB
The Risk in Making BOARD ELECTIONS Statutory Authority:
Board Decisions Why It Matters
When Virtual Won’t Work
Lewis Montana, Partner, Stephen Lasser, Managing
Levine & Montana James Glatthaar, Partner, Partner, Lasser Law Group
Bleakley Platt & Schmidt
HOST: CAROL J. OTT HOST: CAROL J. OTT
HOST: CAROL J. OTT
When you sit on your board Once boards go down the virtual
Virtual annual meetings have
of directors, every deci- road — holding Zoom meetings
arrived, but what if it just won’t
sion you make comes with and conference calls, sending
work in your co-op or condo?
some type of risk. What that emails — it’s easy to forget about
There are other options besides
is and how you assess it is statutory authority. Don’t do it. In
Zoom or gathering in person
the focus of this session. this session, you’ll learn why.
in one large room, and in this
n What does risk mean, and n If boards are not meeting in
session you’ll learn the creative
should boards be risk-takers? person, do they have statutory
method one co-op used.
n What is a board decision with authority to vote virtually?
n First, what are the circum-
minimal risk, and one with a n Does the same authority
stances where a virtual meet-
lot of risk? pertain to both co-ops and
ing might not be a good idea?
n Boards are taking many condos?
n Why not just postpone the
actions during this pandemic n What about voting by email?
annual meeting and election?
period. How can they lower
n Glatthaar details the creative
the risk? Candidates to Elections:
solution for hosting an in-
n How does community poli-
person annual meeting that
Running a Tight Virtual Ship
tics influence a board’s deci-
one of his clients used.
sion to take some risk?
Dean Roberts, Member,
Norris McLaughlin
HOST: CAROL J. OTT
What has the pandemic
wrought? Many things — bad,
and less bad — but in the co-op/
condo world it has ushered
in virtual annual meetings.
Running them comes in many
6 HABITAT Legal Learning Lab 2021 W W W. H A B I TAT M AG .C O M
LEGAL LEARNING LAB
different flavors, and in this ses- When Dissenters RULES
sion you’ll learn what works and Force an Election
what doesn’t. Creating Safety
n Before the annual meeting is Plans With Teeth
held, you have to have can-
didates for the board. How
do you introduce candidates
virtually?
n There are usually lots of Steve Wagner, Partner,
questions asked at annual Wagner, Berkow & Brandt
meetings. How is this han- David Berkey, Partner,
HOST: CAROL J. OTT
dled virtually? Gallet Dreyer & Berkey
n What are the most important When shareholders disagree HOST: CAROL J. OTT
issues for boards considering with a board’s actions, they often
The city and state have mandated
virtual annual meetings? attempt to unseat current board
that buildings create safety plans
members at the annual election.
and that co-ops and condos have
Virtual Planning For co-ops that have decided
to incorporate these into their
For the Annual Meeting to delay their annual meeting
operations. How to do that, how
because of the pandemic, dis-
to enforce compliance and what
senters have some options to
to do about rule-breakers is the
force an election. In this session
focus of this session.
you’ll learn what they are.
n What are the rules that boards
n What are the two main
need to focus on, and where
options for shareholders who
should they be written?
want to force a board to hold
Marc Schneider, Managing n What are the enforcement
Partner, Schneider Buchel an annual election?
challenges?
n If aggrieved sharehold-
HOST: CAROL J. OTT n And, finally, what are the
ers want to pursue these
Running a successful virtual risks of not enforcing?
options, what’s required?
annual meeting requires more n How should a board
than a Zoom account. It takes respond, and what happens
careful planning, not only to if they don’t?
meet corporate requirements
but also to take into account the
added steps required. In this ses-
sion you’ll learn what they are.
n How are the planning
requirements for notices,
proxies, and candidates dif-
ferent in a virtual meeting?
n Are there any communi-
ties where you think virtual
wouldn’t work?
n Practically speaking, who
should run a virtual annual
meeting?
W W W. H A B I TAT M AG .C O M Legal Learning Lab 2021 HABITAT 7
LEGAL LEARNING LAB
Proprietary Lease Updates: Living With Pets, Use Common Sense When
Seize the Moment Like It or Not Policing Common Areas
William McCracken, Partner, Geoffrey Mazel, Founding J. David Eldridge, Partner,
Ganfer Shore Leeds & Zauderer Partner, Hankin & Mazel Taylor, Eldridge & Endres
HOST: CAROL J. OTT HOST: CAROL J. OTT HOST: BILL MORRIS
Every co-op board has been Even though many co-ops and When residents flout the rules
advised to update its corpora- condos have no-pet policies, on the permitted uses of com-
tion’s proprietary lease, and many pets live in these buildings. The mon areas, internecine feuds
have done so. But with new ways reality is that boards have to can erupt. Boards often find
of conducting business because come to grips with what’s going themselves in a delicate posi-
of the pandemic, now may be the on today. How to do that is the tion: they need to be strict and
time to take a second look. In this focus of this session. fair in enforcing the rules, but
session you’ll learn why. n If no-pet buildings can now being overly strict can backfire.
n What are some of the most have pets, what’s the point of This session will help boards
important provisions that you a no-pet policy? navigate this tricky terrain.
think need revisiting now? n What kind of pet policies n How does a board know
n Updating proprietary leases should these buildings create? when it’s time to take an
is a gargantuan effort And are they enforceable? offender to court?
because you need com- n Does the right to a reason- n How can flexibility avert an
munity buy-in. Does this able accommodation trump unwelcome outcome?
moment make it easier? a person’s right to not live n When is it smarter to try to
n Aside from making sure your around pets? work things out rather than
proprietary lease aligns with digging in your heels?
current law, what other areas
should be codified in this
document?
8 HABITAT Legal Learning Lab 2021 W W W. H A B I TAT M AG .C O M
LEGAL LEARNING LAB
CONTRACTS
Access Agreements; Apartment Alterations;
Contracts; and Insurance
STREAMING JANUARY 10 –16, 2021
ACCESS AGREEMENTS
The Wild West of Access The Shifting Stakes in Ask Before Accessing
Agreement Negotiations Neighborly Negotiations
C. Jaye Berger, Prinicpal,
Adam Finkelstein, Partner, Law Offices C. Jaye Berger
Julie Schechter, Partner,
Armstrong Teasdale Kagan Lubic Lepper HOST: CAROL J. OTT
Finkelstein & Gold
HOST: BILL MORRIS At some point in a building’s life,
HOST: BILL MORRIS
Negotiating a licensing agree- it’s going to need access to a
ment with a neighboring prop- Access agreements with neigh- neighboring building, and the
erty owner can be like a trip to boring buildings have taken same is true for the neighbor.
the Wild Wild West. But even in on new wrinkles in the age of When this situation arises, it’s
this unruly land, as you’ll learn COVID-19. In this session you’ll important to take the right steps
in this session, there are ways learn to identify some of those so your co-op or condo is legally
for co-op and condo boards to wrinkles and how boards can — and physically — protected.
push back against a neighbor’s iron them out. What those steps are, and how
extortionate demands. n What should boards do when to secure protections, is the
n Has the decline in civility neighbors make unreason- focus of this session.
between neighboring build- able demands? n First, when does this issue
ings been exacerbated by n What’s the best way to tweak typically come up?
the pandemic? access agreement deadlines n When a neighboring building
n Is it important to be cre- and penalties in the wake of requests access, what are the
ative and is it wise to be the construction shutdown? steps a board should take?
accommodating during n Some open-air amenities n Where should boards be
negotiations? — terraces, back yards, roof- particularly diligent in their
n How can a board persuade tops — are now more prized access agreements?
an extortionate neighbor to than ever. How has that
be reasonable? affected negotiations?
W W W. H A B I TAT M AG .C O M Legal Learning Lab 2021 HABITAT 9
LEGAL LEARNING LAB
APARTMENT ALTERATIONS CONTRACTS INSURANCE
The Power of the The Secret Sauce Who Insures What
Alteration Agreement Of a Good Contract After a Major Fire?
Leni Morrison Cummins, Richard Klein, Partner, Arthur Weinstein, Principal,
Member, Cozen O’Connor Klein Greco & Associates Law Offices of Arthur Weinstein
HOST: CAROL J. OTT HOST: BILL MORRIS HOST: BILL MORRIS
Apartment alteration agree- Every capital improvement at a A calamitous event in a co-op
ments were signed and renova- co-op or condominium involves can wind up pitting a share-
tion work was started — and a signed contract with one or holder against the board. The big
then in March 2020 it all came more vendors. In this session, question is: who’s responsible for
to a dead halt. After the govern- you’ll learn about a common which repairs? And that question
ment gave the restart signal, mistake many boards make can lead to many others. This
one condo owner started work when signing these contracts — session will provide the answers.
again despite the board’s safety and the secret to avoiding it. n Who pays to return a dam-
concerns and objections. That’s n What is the nature of this aged apartment to its origi-
when the power of the alteration common blunder? nal condition?
agreement came into play, and n What can an attorney do to n Who pays the rent when resi-
in this session you’ll learn how. help boards avoid it? dents are forced to relocate
n Cummins was involved in a n How does a board benefit temporarily?
situation where apartment from doing the right thing? n Should boards amend their
renovations were halted. She proprietary lease to ensure
explains what happened. that everyone is adequately
n In general, can apartment insured?
alteration agreements be
amended after they have
been signed?
n If city and state guide-
lines are violated and the
Department of Buildings
stops alteration work, who
will be fined?
10 HABITAT Legal Learning Lab 2021 W W W. H A B I TAT M AG .C O MLEGAL LEARNING LAB
Catastrophes Haven’t When a Leak Is Leak Challenges:
Taken a Holiday More Than a Leak Who Should Pay
Ken Jacobs, Partner, Tom Smith, Partner, Ian Brandt, Partner,
Smith Buss & Jacobs Smith Buss & Jacobs Wagner, Berkow & Brandt
HOST: BILL MORRIS HOST: CAROL J. OTT HOST: CAROL J. OTT
The day-to-day challenges that Ask insurance brokers what kind Let’s say an expensive floor is
face co-op and condo boards of claim occurs most frequently destroyed because of an apart-
haven’t vanished during the coro- in co-ops and condos, and they ment leak from an upstairs
navirus pandemic. Catastrophic will tell you it’s leaks. The focus of neighbor. The shareholder
events still happen — fires, leaks, this session is understanding how wants it repaired and replaced
floods. This session lays out how ordinary claims become extraor- with the same flooring and
boards should prepare for a dinary ones, and what boards turns to the co-op to do so. But
catastrophe, and the right way to should be doing. the co-op’s insurance company
deal with the aftermath. n You’ve got a client with leak says it will replace only what is
n How important is it to keep problems that illustrate the “original” — and not the expen-
everyone’s insurance policies point. Smith explains. sive flooring. That’s where pro-
up-to-date — and pay close n Does insurance solve the prietary lease language comes
attention to the fine print? problem? into play, and in this session
n What are the first steps to take n How do you evaluate insur- you’ll learn why this typical
after a catastrophe strikes? ance and legal questions when response should be challenged.
n Is it wise to hire an insurance considering leak repairs? n When the co-op’s insurance
adjuster to negotiate a better policy denies coverage, what
settlement? should happen?
n A co-op’s proprietary lease
determines who has to pay
for what. Brandt explains how
and why.
n How should the replacement
responsibility be divided
between a shareholder’s
insurance policy and that of
the co-op corporation?
W W W. H A B I TAT M AG .C O M Legal Learning Lab 2021 HABITAT 11LEGAL LEARNING LAB
COMMUNITY
Apartment Ownership; Arrears; Disruptive
Behavior; Resident Concerns; and Sublets
STREAMING JANUARY 17 –23, 2021
APARTMENT OWNERSHIP
Orchestrating The Hunt: Next of Kin Trust Transfers:
Apartment Closings What You Need to Know
Deborah Koplovitz,
Carly Clinton Davidoff, Shareholder, Anderson Kill Peter Massa, Partner,
Associate, Adam Leitman Bailey HOST: CAROL J. OTT Armstrong Teasdale
HOST: CAROL J. OTT HOST: CAROL J. OTT
When a shareholder dies, a
Apartment closings involve mul- co-op board’s fiduciary concern For co-op owners making estate
tiple parties coming together in is that maintenance continues to plans, putting their apartments
a small closing room — a prac- be paid. Things can get compli- into a trust can be an attractive
tice that for many was stopped cated, though, when a disruptive option for their heirs. Boards
in its tracks by the pandemic. family member remains in the have to approve such transfers,
But apartment sales are impor- apartment. In this session you’ll and in this session you’ll learn
tant, and there are many cre- learn just how complicated, and what this means and how to pro-
ative ways to have a successful what steps a board can take. tect the co-op corporation.
closing. How to orchestrate one n Koplovitz is dealing with this n What are the benefits for
with all the various players is the situation now, and she tells co-op owners who put their
focus of this session. us what happened. shares in a trust?
n First, who needs to be at an n The Tenant Protection Act n How can a board accom-
apartment closing, and what has changed what the legal modate such requests
are their roles? options are for a board. What and still protect the co-op
n What are the steps to cho- are these changes, and why corporation?
reographing a closing out- does it matter? n Is there any reason why a
side of one room? n Are there any protections board wouldn’t accommo-
n Who coordinates all these a board can put in place date these requests?
moving parts and how does to avoid these types of
that get done? situations?
12 HABITAT Legal Learning Lab 2021 W W W. H A B I TAT M AG .C O MLEGAL LEARNING LAB
Co-op Owned revenue stream slows down n Can the mere threat of bring-
Apartments: A Unique or dries up, bills can’t be paid. ing a “Pullman” eviction pro-
Business Decision Staying on top of collections in ceeding make a disruptive
today’s environment is challeng- co-op shareholder reform?
ing, and this session focuses on n What can a board do when
what boards need to do. a resident becomes a self-
n How has dealing with arrears anointed enforcer of the
changed since the Tenant house rules?
Protection Act was passed? n Can condo boards use the
Andrew Stern, Partner, n Are grace periods for late right of first refusal to get rid
Tane Waterman & Wurtzel payers stipulated by the of disruptive subletters?
Tenant Protection Act?
HOST: CAROL J. OTT
n If you want to work out a pay- How to Handle
Some co-ops have taken apart- ment plan with someone in Intolerable Behavior
ments back through litigation, arrears, what are the ways to
satisfaction of a debt or pur- do it?
chase from an estate — and
then earned income by renting DISRUPTIVE BEHAVIOR
them. With money tight today,
the prospect of selling these The Tools for Taming
assets is attractive. This session Unruly Residents
Emanuela Lupu-Ferrante,
focuses on the question: How Partner, Smith Buss & Jacobs
do you get the renters out?
HOST: CAROL J. OTT
n Is there a business solution
to this problem? Behavior that was problematic
n What does a co-op have to when you went to an office has
be careful of? turned insufferable when you’re
n What kind of offer can be Adam Leitman Bailey, Founding home full time. How to deal with
made, and how do you do it? Partner, Adam Leitman Bailey these disruptive individuals is
HOST: BILL MORRIS often complex, and this session
ARREARS With so many New Yorkers
focuses on today’s strategies.
n What kind of behavior is
Collections: New Laws, stuck in their apartments, either
objectionable, and what
New Challenges working from home or not
did boards do about it
working at all, there have been
pre-pandemic?
numerous reports of erratic,
n Now that we’re in the midst
unruly behavior, even by New
of the pandemic, how is this
York standards. In this session
behavior handled?
you’ll learn how boards can
n What about Article 81 guard-
tame disruptive residents.
ianships, Adult Protective
Christopher Tumulty, Partner, Services and the courts?
Tarter Krinsky & Drogin
HOST: CAROL J. OTT
Co-op and condo budgets are
dependent on the collection of
monthly fees, and when that
W W W. H A B I TAT M AG .C O M Legal Learning Lab 2021 HABITAT 13LEGAL LEARNING LAB
Dealing With Neighbor Disputes: RESIDENT CONCERNS
Rule-Breakers You Might Have To
How to Handle
Get Involved
COVID-19 Deaths
Michael Manzi, Partner,
Smith Gambrell & Russell Stanley Somer, Managing
Partner, Somer & Heller Helene Hartig, Principal,
HOST: CAROL J. OTT
Helene W. Hartig Law Offices
HOST: CAROL J. OTT
There are lots of stories about HOST: CAROL J. OTT
that shareholder or unit-owner When neighbors complain about
Many co-ops and condos have
who flouts building rules. What neighbors, the situation can eas-
had residents die from COVID-
can a board do? This session’s ily escalate. Everyone wants the
19. When they die in their apart-
focus is on curbing the rule- situation resolved, but usually a
ments, a whole host of issues
breaker, and the fines and fees board — or a building owner, for
crop up. This session explores
that could help. that matter — doesn’t weigh in.
what these are and how to han-
n It’s easy to adopt a new rule, That could change, because of a
dle them.
but where should it exist in case that’s now being litigated.
n Some of your clients have
the governing structure in This session will explain what’s
gone through this. Hartig
order to be enforced? going on.
explains what happened.
n If someone breaks a rule, n Somer explains the dis-
n What are the corporate issues
what can a board do to get pute between Tenant A and
a board has to deal with?
the attention of the rule- Tenant B.
n Is there anything a board
breaker and then change the n What has been the legal jour-
should do proactively in
behavior? ney of this dispute?
anticipation of having to deal
n Regarding fines, how do you n If Tenant B prevails, what will
with this type of event?
set them, how do you collect this mean for boards and
them, and what is the rela- landlords?
tionship between an infrac-
tion and a fine?
14 HABITAT Legal Learning Lab 2021 W W W. H A B I TAT M AG .C O MLEGAL LEARNING LAB
The Humane Way to Deal or condo become ill. But some- many co-ops severely restrict
With At-Risk Residents times boards are called upon to the practice. Is it time to revisit
step up and do the right thing the sublet policy?
— both morally and legally. One n What are the sublet pros and
board faced this situation head cons in most co-ops?
on, and in this session you’ll learn n In this environment, should
how the board met the needs of boards adjust their sublet
a dying shareholder while ensur- policies, and if so, how?
Lisa Radetsky, Partner, ing that others were safe. n Can a board allow more sub-
Phillips Nizer n What was the situation, and lets for a specific period of
how did the board learn time?
HOST: BILL MORRIS
about it?
COVID-19 has put added stress n What kind of arrangements Reining In Out-of-
on everyone in the city — but were made? Control Sublets
especially on at-risk residents n Were there any legal issues
who were having trouble tak- surrounding these actions?
ing care of themselves before
the pandemic hit. In this ses- SUBLETS
sion, you’ll learn the humane
and effective way to deal with Revisiting Your
incompetent residents and Sublet Policy
Seth Sahr, Partner,
make sure that they and all resi- Novitt Sahr & Snow
dents remain safe.
HOST: CAROL J. OTT
n What are the three places to
turn for help? When sublets get out of hand
n Are there limits on the legal in a co-op, big problems can
options available to co-op occur. How to respond when
and condo boards? Phyllis Weisberg, Partner, that situation arises is the focus
n How can a condo board suc- Armstrong Teasdale of this session.
cessfully relocate a danger- HOST: CAROL J. OTT n What is the financial fallout
ous resident? for a co-op if sublets grow
In a recent survey of Habitat
too numerous?
board readers, 70% reported
When COVID-19 a drop in occupancy levels
n Do boards have a right to
Comes Home control sublets? If so, what
because of the pandemic.
governs that right?
Owners might return, or they
n What are some tried-and-
might take a wait-and-see
true methods for controlling
stance. Subletting is the ulti-
sublets?
mate way to wait and see, but
Dennis Greenstein,
Partner, Seyfarth Shaw
HOST: CAROL J. OTT
COVID-19 is scary, particularly
when neighbors in your co-op
W W W. H A B I TAT M AG .C O M Legal Learning Lab 2021 HABITAT 15LEGAL LEARNING LAB
Empty Pockets:
FUTURE How to Find Lost Income
Commercial Income;
Co-op Turnaround;
and Looking Ahead
STREAMING JANUARY 24 –31, 2021 Allen Brill, Partner, Brill & Meisel
HOST: CAROL J. OTT
The co-op says to its commercial
COMMERCIAL INCOME tenant, “Look, if I don’t get money,
I can’t pay my bills.” And the ten-
Navigating the Commercial Time to Partner Up With
ant says, “If I don’t have custom-
Tenant Conundrum Commercial Tenants? ers, I don’t have the money to pay
you.” This is the pandemic stand-
off for many boards with com-
mercial tenants. How boards are
pushing through to find money
to pay their building’s bills is the
focus of this session.
Andrew Brucker, Partner, Howard Schechter, Partner, n What are your clients with
Armstrong Teasdale Armstrong Teasdale
commercial space facing as
HOST: CAROL J. OTT HOST: CAROL J. OTT the pandemic continues?
COVID-19 has affected commer- Pre-COVID-19, co-ops and con- n If leases can be renegotiated,
cial space in New York big time. dos that had commercial ten- what are some of the more
But even before the pandemic, ants often saw a nice boost to common options, and how
co-ops and condos had unique their bottom line. For many, that do these work?
problems when renting commer- boost has been wiped out, and n In the interim, what can a
cial space. How to think about boards are asking: What now? co-op or condo do to stay
commercial space and who In this session you’ll learn if this solvent?
might occupy it in the future is is the time to partner with your n How do you see the land-
the focus of this session. commercial tenant. scape for commercial space
n Are the general concepts of n What does partnering mean? in the future?
renting commercial space n How should a board evaluate
the same for a co-op/condo its commercial rent situation?
as they are for a commercial n Moving forward, how do you
landlord? make the correct business
n What are the main areas of decision?
concern that a board should
pay attention to when rent-
ing commercial space?
n For those buildings with
vacant commercial space,
what will the future look like?
16 HABITAT Legal Learning Lab 2021 W W W. H A B I TAT M AG .C O MLEGAL LEARNING LAB
CO-OP TURNAROUND LOOKING AHEAD A Silver Lining to
These Dark Times
It Takes a New Team Building Aesthetics:
The COVID-19 Impact
Steven Sladkus, Partner,
Matthew Goldberg, Schwartz Sladkus Reich
Partner, Hankin & Mazel Dale J. Degenshein, Partner, Greenberg Atlas
HOST: BILL MORRIS Armstrong Teasdale
HOST: BILL MORRIS
HOST: CAROL J. OTT
Stories of tortured co-ops Everyone talks about the
can have happy endings. One Many boards are worried about trauma, expense and inconve-
such story unfolded recently in their building’s economics nience brought on by the coro-
Corona, Queens, where a co-op and the value of apartments. navirus pandemic. It’s rare to
facing foreclosure managed to Although it may seem counter- hear about the positive things
turn itself around. This session intuitive, upping curbside that have emerged in co-ops
will reveal how the board did it. appeal may be one way of sta- and condominiums. This session
n Is it wise to keep monthly bilizing, and even enhancing, focuses on the silver lining to
maintenance artificially low? value. This session addresses these stormy times.
n What are the benefits of a the question: Is now the right n What has been the typical
transfusion of new blood on time to do this? reaction when a resident
the board — and a new man- n It’s a down market. Why contracts COVID-19?
agement company? would upgrading public n Are boards more willing to
n How do you educate share- spaces make sense? work with residents and com-
holders so they understand n How has the pandemic mercial tenants who fall into
the need for a maintenance affected the upgrade arrears?
increase to balance the process? n The big question: Will this
budget? n Do boards need to be con- compassion live on?
cerned about the supplies
used in the upgrade?
W W W. H A B I TAT M AG .C O M Legal Learning Lab 2021 HABITAT 17LEGAL LEARNING LAB
Prepare Now for a Crystal Ball:
Chilly Economic Future What Lies Ahead
Theresa Racht, Partner, Stewart Wurtzel, Partner,
Theresa Racht, Esq. Tane Waterman & Wurtzel
HOST: BILL MORRIS HOST: CAROL J. OTT
The coronavirus crisis has taxed Coping with the tumult of the
co-op and condo boards and pandemic year has been chal-
their management companies lenging, but 2021 is just around
in unimaginable ways, but the the corner, and boards need to
full economic fallout has not yet prepare. The question is: Where
been felt. In this session, you’ll to start? This session focuses on
learn ways to prepare for an some key areas that will affect
uncertain — but certainly chilly your bottom line in the future.
— economic future. n What are some of the major
n Should boards be tough budget areas that might
or forgiving on collecting cause concern?
arrears? n What effect will litigation —
n With so many people leaving or the lack thereof — have on
the city, is it time to review a building’s financial health?
sublet policies? n What kinds of communica-
n Should boards strive to hold tion to residents will be
on to commercial tenants, necessary?
even if they’re having trouble
paying their rent?
18 HABITAT Legal Learning Lab 2021 W W W. H A B I TAT M AG .C O MYou can also read
