Updated August 2021: A legal overview of condo lien priority rules in New York.

Aug 5, 2021

Phone # 212 922 0005 Kiritsis Law

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

 

The laws, rules, and regulations affecting lien priority on condominiums in New York City are inherently complex, confusing and oftentimes perceived as self-contradictory.

 

Common Issues.

As with any legal issue, the proper action to take (or not to take) will likely depend on several factors, with NO purported roadmap leading to a guaranteed outcome (there is a reason that law firm disclaimers contain language reiterating the prohibition of any guarantees). Any successful lien collection strategy, will very often succeed or fail, based on whether or not the proper lien priority legal research and lien search reports have been properly conducted.

 

Specific issues.

Unlike a coop's legal ownership which does not necessarily bestow individual real property fee-simple style ownership rights, in a condo legal ownership scheme -- the legal ownership of a condominium unit is practically a defacto real estate ownership interest. Collection strategies associated with condo type of real property ownership interests, would be somewhat similar (albeit not identical) with other non-coop real property ownership schemes.

 

We virtually always recommend for a 50 State wide lien and asset search reports to be properly conducted BEFORE formulation of any lien collection strategy.

 

List of some useful citations and possible references could include:

 

– U.S. Constitution

– New York Constitution 

– New York Real Property Law

– New York GOL General Obligations Law

– New York Condominium Act

– New York Business Corporation Law (BCL)

– New York LLC (Limited Liability Company) Law

– New York State Bar Association

– New York City Bar Association

– COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020

– HSTPA of 2019

– Bankruptcy Code

– Internal Revenue Code

– Covid-19 Emergency Protect our Small Businesses Act of 2021

– New York UCC Laws

– New York Lien Law

– New York Landlord-Tenant Law

– New York City Housing Court

– New York Small Claims Court

– New York Supreme Court

– NYS Appellate Court

– NY Appellate Division

– New York Court of Appeals

– U.S. Supreme Court

– New York State Executive Laws Section 296

– NYC Board of Standards and Appeals

– New York Real Estate Finance Bureau

– Uniform Land Use Review Procedure (UULURP)

– New York City Planning Commission

– Department of Buildings

– Department of Finance

– New York City Council

 –New York State Assembly

– Martin Act

– SBRA (Small Businesses Reorganization Corporation Law)

– New York Labor Law Section 2408241 (Scaffolding Law)

– New York Assembly Bill No. A2554

– Federal & New York State Case Law.

 

212 922 0005

 

Law Offices of Kiritsis & Associates 

Phone # 212 922 0005

Manhattan Office (Main Office):

633 Third Avenue

New York, NY 10017

Suite 1306

Brooklyn Office (By Appointment Only):

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1st Floor

New Jersey Office:

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Ventnor, NJ 08406

2nd Floor

 

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