Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
    First Avenue in Manhattan
    Sell
    After a 20 percent maintenance hike, an Upper East Side condop renegotiated its ground lease. Here’s how they did it
    Luxury residential towers on Billionaires Row
    Rent
    With an acoustic consultation, NYC buyers can identify noise problems missed during a walkthrough
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Chelsea residential building
    Affordable Housing
    NYC’s rent freeze is still in place, at least for now
    One River Park at 355 Exterior St.
    Affordable Housing
    Housing lottery launches for 227 rent-stabilized units in Mott Haven
    Manhattan skyline
    Rent
    With asking rents near record levels in August, many Manhattan and Brooklyn tenants appear stuck
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Billionaires Row in Manhattan
    Sell
    Median price for Manhattan co-ops and condos stuck at $1.25 million in the third quarter
    First Avenue in Manhattan
    Sell
    After a 20 percent maintenance hike, an Upper East Side condop renegotiated its ground lease. Here’s how they did it
    Carroll Gardens townhouse
    Getting Ready
    I cleared out my elderly neighbor's townhouse to sell it. Here's how I dealt with mountains of stuff
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Red Hook Treehouses
    Live
    During Open House New York, get a rare look inside NYC’s most interesting residential properties
    The 1889 Brosnan House at 146 West 74th St.
    Live
    The 1889 Brosnan House at 146 West 74th St: An upscale family hurt by a series of calamities
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    A brightly lit open kitchen with modern clean style and appliances
    Renovation
    Best End-to-End Renovation Companies in New York City
    Sponsored By Advertiser
    Gallery KBNY apartment combination
    Renovation
    Combining two NYC apartments: Why a pre-purchase assessment is the key to success
    Sponsored By Gallery KBNY
    88 Central Park West
    Renovation
    How to navigate window replacement at a landmark building on Central Park West
    Sponsored By Window & Door Pro
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Manhattan apartment towers
    Roommates + Landlords
    Ask Altagracia: My luxury building doesn't have the amenities it promised and the rent is going up by $500. Can we push back?
    Sponsored By Outerbridge Law P.C.
    A brightly lit open kitchen with modern clean style and appliances
    Renovation
    Best End-to-End Renovation Companies in New York City
    Sponsored By Advertiser
  • Brick Report
  • About Us
  • About Us
Email address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask a Co-op & Condo Lawyer [ SPONSORED ]

How to stop a buyout attempt in your co-op or condo building

By Wagner, Berkow, and Brandt  | July 20, 2017 - 12:11PM
image

Most New Yorkers have heard of tenant buyouts, and sometimes the ungodly amounts that are paid for some rent regulated tenants to give up their apartment. They've also heard of the less scrupulous methods many landlords use to give stabilized tenants the boot.

But if you own your apartment outright, you can't be thrown out, right? Not necessarily, says Steven Wagner, a co-op and condo attorney with Wagner Berkow LLP, who has helped multiple buildings stop buyout attempts, and also negotiated a dozen $1 million buyouts. 

"Although not a common occurrence, it’s a sign of our times that developers and wealthy individuals recreate townhouses from buildings previously chopped up into smaller sized units," says Wagner. Remarkably, this includes smaller condominium and cooperatives. In these cases, the would-be buyer will try to sway the building in their direction with lucrative buyouts, or in some cases, says Wagner, "divide and conquer" by buying out one unit at a time, and keeping the deals quiet. "In other words, they prevent people from knowing the process is underway," says Wagner, so that residents won't have a chance to organize and rally a majority against the buyout.

"In a standard form cooperative proprietary lease," explains Wagner, "there is a section dedicated to termination of all of the proprietary leases and sale of the building. This rarely-used section of the proprietary lease requires 80 percent of the shares to vote in favor of termination of the proprietary leases. Upon termination, a shareholders’ meeting is convened to determine what will happen to the building."

Similarly, though it varies by building, condominium by-laws usually contain a section that allows 80 percent of the unit owners, both in number and in percentage of common interest, to terminate the condominium regime.  After termination of the condominium, the unit owners are convened to decide what will happen to the building. 

"What can you do if you are an apartment owner living in your dream pad in the city and some fat cat tries to force the sale of your apartment and make you move?  Obviously," says Wagner, "get some of the other owners together to make sure the 20 percent threshold is not met—this is a situation where there is very much strength in numbers. Alternatively, owners could cooperate to negotiate the best deal possible." 

According to Wagner, there are forms of agreements such as a “No Buyout Pledge” where the owners agree not to be bought out unless a certain minimum price or other agreed upon conditions have been met. 

Be warned: There are some crazy tax issues in these buyout arrangements and even the possibility that the building may fall under rent regulation if the coop or condo is dissolved. 

"You need to make sure that the amount offered will be enough after taxes to replace your apartment with something equal or better, but there is plenty of leverage for apartment owners to resist or to make it worthwhile financially if they stick together," says Wagner.

New York City real estate attorney Steven Wagner is a founding partner of Wagner, Berkow, & Brandt, with more than 30 years of experience representing co-ops, condos, as well as individual owners and shareholders. To submit a question for this column, click here. To arrange a free 15-minute telephone consultation, send Steve an email or call 646-780-7272. 

You Might Also Like

image
Troubleshooting What are the telltale signs of a sponsor who's shady—or worse, stealing?
image
Neighbors We want to remove an objectionable shareholder from our co-op. How do we successfully use the Pullman proceeding?
image
Roommates + Landlords Landlord wants to buy out your NYC apartment lease? Here's how to name your price

 

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask a Co-op & Condo Lawyer boards buyout
SHARE
TWEET
BRICK’S PICKS
one-bedroom unit at 365 West 23rd St.
A pied-à-terre purchase checklist: What to consider if you're buying a part-time place in NYC
A kitchen with stainless steel appliances and counter tops and wood floor
11 things NYC landlords are required to provide, and 11 they’re not that might surprise you
716 Broadway, #2
What you need to know about buying a NYC condo or co-op with direct elevator access
Towers on Billionaire's Row
I received a pied-à-terre tax notice for my primary residence in NYC. How do I fight this?
Manhattan apartment towers
‘Central air or bust’: Many NYC luxury buyers will not consider listings without central AC
Roommates seated on a couch having an argument
How to kick a roommate out of your NYC apartment
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS