LEGAL/FINANCIAL

If you think being a concierge is easy, think again. The concierge is the gatekeeper, and depending on the building, a wearer of many hats. He is tasked with keeping the property and its residents safe, by greeting, announcing, and directing visitors to their destinations — and preventing unauthorized persons from gaining access to any of the apartments or common areas. He has to sign for and store packages and dry cleaning for the residents, and let them know when their fast-food delivery orders arrive. He is a juggler of sorts who has to find that perfect balance between following the board's orders and keeping the residents happy.

You'd think that wouldn't be such a difficult task, but sometimes the guardian of the gates may end up feeling like he's stuck in the middle of his duties and a unit-owner's wishes. That was the case for one concierge, whom we'll call John Smith, who formerly worked in a medium-size condo in Westchester.

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Nearly two months ago, we gave co-op and condo boards a heads up about a public hearing on the proposal to lift the ban on ferrets in New York City before the Board of Health. Had the ban been lifted, board would have had to review their existing pet policies and revise them as needed to reflect where they stand on the great ferret debate. Clear language is everything. But it looks like that won't be necessary, according to Brickunderground.com, which has been on ferret watch "since last summer, when Mayor Bill de Blasio's administration indicated that they'd be up for nixing his predecessor Rudolph Giuliani's ban, enacted in 1999, on these little critters." The Associated Press delivered the bad news to ferret proponents: The Board of Health has said no way. Although "the proposal to nix the ferret ban would have required the animals to be vaccinated for rabies, sterilized and restrained when outdoors," some health board members are still digging their heels and pointing to cases "elsewhere" in which ferrets have bitten children. "I have to say that, at this point, I'm not at all convinced that it wouldn't be a substantial health risk to allow ferret ownership in New York City," board member Dr. Lynn Richardson is quoted as saying.

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When a resident with a disability requests a "reasonable accommodation," the board has many issues to consider. It has to decide how it should respond, whether cost is an appropriate consideration, what it will communicate to other residents who feel strongly one way or the other, and what it can do to avoid litigation or the involvement of a government agency. It is critical that condo and co-op boards be aware of their legal obligations in responding to these types of requests. 

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Where curb appeal is concerned, first impressions are key. And what stronger first impression to potential buyers in a co-op or condo can there be than the doorman and the uniform he wears?

Uniforms — or lack of them — were a big issue at the Butterfield House, a Greenwich Village co-op on 12th Street, between Fifth and Sixth avenues. When the roughly 100-unit property was the victim of a water main break in 2014, the building's lobby and basement were flooded, and the doormen's work clothing destroyed. The door staff was without uniforms, so making the most out of a bad situation, the board considered an unusual idea: ditching the traditional look and going with classy suits.

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Before a young Al Capone packed his bags and headed to the Windy City to make a name for himself in Chicago's organized crime circuit, he cut his teeth in Brooklyn, where he was born and bred. Capone and his family lived at 21 Garfield Place. He would go across the street to the poolroom at 20 Garfield Place, where his dad taught him how to play. That building still stands today, but not for long. DNAinfo reports that "plans are underway to build a four-story, eight-unit apartment building with a penthouse on Garfield Place between Fourth and Fifth avenues." Yep, we're losing another colorful piece of New York history, even if it’s a little notorious, because the buildings at 20 Garfield Place as well as 18 Garfield Place are going to be demolished to make way for the condo project. DNAinfo references an urban legend that claims Capone hid "riches inside the walls of one of his homes on the block." Nothing's ever come of it, but on the off chance no one has checked the poolroom, well, the demolition crew may have a shot at finding a nice surprise! Who doesn't love a bit of treasure?

Photo by Nicholas Strini for Property Shark.

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Steven Vernon, board president of the 111-unit Nagle Apartments in upper Manhattan, says it's hard, sometimes, to make a decision about a potential buyer when you can't ask certain questions. "We've had difficulties with the personal questionnaire in telling how good a neighbor a person will be," he says. "It's [helpful] to ask if someone plays a musical instrument, for example. One applicant was a professional piano player and practiced eight hours a day."

But what can you do? You can't ask if someone is a professional musician, since lawful occupation is — like age, gender, and race — one of the "protected classes" under the New York City Human Rights Law. 

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One of the many nice things of making the transition from renter to shareholder is that you can renovate your apartment to suit your needs. Well, provided you follow the building rules, as established by the board or management company. And provided you get board approval, confirm whether you need an alteration agreement, and obtain any requisite city permits. Hey, nothing worth having comes easy, right? Say you want to renovate your co-op, and want to take out a radiator in the living room to free up wall space. We typically hear of New Yorkers complaining about no heat in winter, but there are many who understand the sweltering hell their apartments can turn into, especially in older buildings. This is the case for one co-op shareholder, who writes to Brickunderground.com in this week's Ask an Expert: "How would I go about [getting rid of the radiator]? Would it affect the property values?" One of Brickunderground's experts offers sound advice: "If it's not too late, include the radiator removal as part of the renovation proposal you submit to the co-op board. Indeed, your building's alteration guidelines may specifically address radiators, and the board may have addressed a similar issue in the past." If you get the board's blessing, don't throw the radiator away. Keep it on hand in case "you or a future buyer wants it reinstalled," and make sure a licensed and insured plumber removes the radiator and caps the pipe. 

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Who has the right to use ancillary rooms directly outside the service door of a specific apartment? The answer should be simple, but it rarely is. In Green v. Board of Directors of 880 Fifth Avenue Corporation and Francis L. Mitterhoff, the parties were faced with the classic question of whether the offering plan or historic use prevails.

The property at 880 Fifth Avenue was converted to cooperative ownership in 1947. Ronald Green purchased the shares allocated to Apartment 17E in 2001. Apartment 17F was owned first by Irving Schneider (since 1970) and then, in 2011, by defendant Francis Mitterhoff. There were two rooms that were located just outside the service entrance of 17E and had "17E" written on the doors. They were, at least initially, intended to be used as a maid's room and bathroom for 17E. When he purchased the shares for 17E, Green was told that those two rooms had been, at some point, transferred to Schneider.

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Who has the right to use ancillary rooms directly outside the service door of a specific apartment? The answer should be simple, but it rarely is. In Green v. Board of Directors of 880 Fifth Avenue Corporation and Francis L. Mitterhoff, the parties were faced with the classic question of whether the offering plan or historic use prevails.

The property at 880 Fifth Avenue was converted to cooperative ownership in 1947. Ronald Green purchased the shares allocated to Apartment 17E in 2001. Apartment 17F was owned first by Irving Schneider (since 1970) and then, in 2011, by defendant Francis Mitterhoff. There were two rooms that were located just outside the service entrance of 17E and had "17E" written on the doors. They were, at least initially, intended to be used as a maid's room and bathroom for 17E. When he purchased the shares for 17E, Green was told that those two rooms had been, at some point, transferred to Schneider.

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Who has the right to use ancillary rooms directly outside the service door of a specific apartment? The answer should be simple, but it rarely is. In Green v. Board of Directors of 880 Fifth Avenue Corporation and Francis L. Mitterhoff, the parties were faced with the classic question of whether the offering plan or historic use prevails.

The property at 880 Fifth Avenue was converted to cooperative ownership in 1947. Ronald Green purchased the shares allocated to Apartment 17E in 2001. Apartment 17F was owned first by Irving Schneider (since 1970) and then, in 2011, by defendant Francis Mitterhoff. There were two rooms that were located just outside the service entrance of 17E and had "17E" written on the doors. They were, at least initially, intended to be used as a maid's room and bathroom for 17E. When he purchased the shares for 17E, Green was told that those two rooms had been, at some point, transferred to Schneider.

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