Page 14 - NY Cooperator November 2020

14 THE COOPERATOR — NOVEMBER 2020 COOPERATOR.COM ATTORNEYS Abrams Garfinkel Margolis Bergson, LLP 1430 Broadway, 17th Floor, New York, NY 10018 212-201-1170 • www.agmblaw.com Barry G. Margolis, Esq. • Robert J. Bergson, Esq. Himmelfarb & Sher, LLP • (914) 682-0040 Cooperative and Condominium Law—Real Estate Closings One North Broadway, Suite 800, White Plains, NY 10601 Contact: Ronald A. Sher, Esq. • Norman D. Himmelfarb, Esq. Law@himmelfarb-sher.com • Direct Dial: 914-461-0220 Belkin Burden Wenig & Goldman, LLP Specializing in all aspects of Cooperative and Condominium Law including Landlord/tenant proceedings. Copy of Monthly Newsletter available upon request. (212) 867-4466 contact: Aaron Shmulewitz/Daniel Altman ashmulewitz@bbwg.com/daltman@bbwg.com www.bbwg.com ACCOUNTANTS ARCHITECTS architecture interior design engineering project management forensic investigations 307 7th Avenue, Suite 1001, New York, NY 10001 Tel. 212.645.3775 Fax. 212.645.4099 Form Space Image ARCHITECTURE PC SERVICE DIRECTORY Disclaimer: The answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your specific circumstances. Always seek the advice of competent legal counsel or other qualified profes- sionals with any questions you may have regard- ing technical or legal issues.  Over 30 years of coop & condo experience  Hands on Personal Attention Timely Service  Contact: Gary Adler, CPA Sarah Haar CPA   www.bassandlemer.com 516-485-9600 adler@basslemer.com insurance in place ahead of time. If one build- ing needs prolonged use of another building’s space, coming to mutually agreeable terms of that use is like negotiating rent. After all, some of these projects can last a long time. Damage from a neighbor’s construction usually involves one of three main scenarios: Damage within your own co-op or condo- minium building from an apartment under- going renovation; damage within your own co-op or condominium building from reno- vation work being done by the building itself; and damage from a neighboring building’s construction. That last one can be a project by a developer—such as adding more floors— or work by a penthouse owner wanting to expand their apartment. In each case, there is the potential for damage—so what, if any- thing, can be done to avoid it? First you must document the existing con- ditions in what’s called a pre-construction survey. This must be done before the work is started to document the status of the building or apartment so that if damages occur during the course of the project, you can compare the ‘before’ to the ‘after.’ Many buildings and their managers insist on having such surveys, which always include photographs—often taken by an engineering consultant or archi- tect—and usually have some narrative de- scribing conditions within and outside the costly for property owners, and as a result, many landlords take shortcuts or refuse to ad- dress the problem at all. “In 2016, New York State enacted a series of laws, commonly referred to as the ‘mold law,’ in an effort to ensure that consumers are protected when contracting for mold assess- ment and remediation services. Contractors now have to be licensed in order to perform any type of mold assessment or remediation or to even advertise those services. Contrac- tors must now also adhere to certain mini- mum work standards. The standards are simi- lar to those required of licensed contractors engaged in asbestos removal. “The mold law also states that the com- pany hired to perform the mold remediation cannot be the same company that performs the assessment and determines what, if any, remediation services are necessary. This is a protection added by the legislature to mini- mize fraud within the industry and abuse of vulnerable consumers who are in need of mold remediation. “There is an exception under the law that allows landlords and/or their agents to per- form mold remediation on a building that they own. However, the law expressly states that the exemption does not apply if the man- aging agent or employee engages in the busi- ness of performing mold assessment or reme- diation for the public. For this reason, many landlords will perform an ineffective remedia- tion rather than pay a licensed company. “The guidelines set by the New York City Health Department require a full-scale mold remediation by a trained and licensed profes- sional if the area of mold exceeds more than 10 square feet. If a tenant has a serious mold problem and the landlord refuses to properly remediate and instead wants to perform the work, the tenant should contact HPD (311) to report the condition. Oftentimes, when a landlord is cited for a violation or fears being cited, they will take the problem more seri- ously.” n Write to The Cooperator and we’ll publish your question, along with a response from one of our attorney advisors. Questions may be edited for taste, length and clarity. Send your questions to: darcey@cooperator.com. Q&A Q&A continued from page 5 building to show baseline conditions on a giv- en day. For example, it will show that you did not have any cracks in your walls and ceilings on the day before construction commenced, and now you do—or that cracks that were already there became larger as a result of the work being done. Along with the photos themselves, it’s es- sential to keep a written record describing what each photograph shows. You may think you remember what the room looks like, but when you see the photos, you may feel dis- oriented and not realize which view you are seeing, or the context. It is always best to pho- tograph a room first from a distance to give perspective and orient the viewer, then focus in on specific areas around the room. If you just zoom in on a crack, you may not be able to say exactly where that crack was later on. To the extent you may have invoices showing what you originally paid for a given element or surface, it can help in determining what it will cost to replace the item in the event it’s damaged. A Word on Individual Projects In an individual co-op or condominium apartment, the process will be aided and largely governed by an alteration agreement, which is a contract between the building and the shareholder or unit owner performing the work. The size and content of the agreement will vary from building to building. Among other things, an alteration agree- ment will include what can—and cannot—be included in a project, and will hopefully con- tain safeguards to protect adjacent residents in the event of damage to their units as a re- sult of a neighbor’s project. Perhaps the most important element in an alteration agreement is a security deposit, which the building will hold in case of such damage—though how and when that gets paid out can be compli- cated. There must also be a contractual re- quirement for insurance, naming the co-op or condominium as an additional insured. Most property managers are usually very proactive in making sure alteration agreement require- ments are enforced. Owners and shareholders may also com- mission a pre-construction survey—though it may have a different focus from the one taken by the developer or neighbor building, so it can be helpful to have both—and if you own very valuable items, such as artwork, it’s crucial to have them professionally appraised before any work commences. Damage from construction projects can be both extensive and expensive—so if your board has been advised that construction will be commencing next door, you should be well-armed with solid legal counsel and a team of experts to help you understand what your neighbor is planning to do, and what po- tential problems may arise for your building as a result. Boards who are not prepared find out about problems after the fact, then seek legal counsel—but it should be the reverse. n C. Jaye Berger is an attorney in New York City focusing on real estate, building construction and renovation law, co-op and condominium law and litigation. DEALING WITH... continued from page 13