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New York City building owners facing Local Law 97 carbon emission compliance deadlines should note the available grace period, extension options, and potential hefty penalties for non-compliance.
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Condominiums and cooperatives (condos/co-ops) constitute a unique facet of the real estate marketplace and require dedicated counsel. Cozen O’Connor is one of very few Am Law 100 firms with a full-service condo/co-op practice and a longstanding commitment to representing condo/co-op boards and homeowner associations as well as condo/co-op sponsors, developers, and investors.
Board Experience
Cozen O’Connor serves as outside general counsel to prominent condo/co-op boards and homeowner associations and provides practical guidance on a full range of regulatory and operational issues. We advise on corporate governance, transactions and contracts, budgeting and finance, and day-to-day management of hundreds of condo/co-op buildings.
The firm is well known as a thought leader in condo/co-op dispute resolution. Attorneys represent condo/co-op boards in disputes and litigation related to construction or conversion delays and defects, proxy contests, breaches of fiduciary duty, shareholder/unit owner violations, collections, and other issues. Notably, in a field typically rife with senseless posturing and table pounding, we are often able to identify creative win-win approaches and efficiently reach mutually agreeable solutions.
Sponsor/Investor Experience
We have deep experience forming condo/co-op structures, obtaining all necessary regulatory approvals, and working with architects and engineers to conceptualize a condominium regime that will produce maximum value. The team takes a unique approach to litigation avoidance and risk management, both in the context of initial offering documents and “second-look” peer reviews. Cozen O’Connor represents sponsor/developers of new or conversion condos/co-ops in Acquisitions & Dispositions, Land Use & Zoning, Real Estate Finance, and Construction.
The firm also represents sponsors/investors post-formation or serves as counsel to the sponsor-controlled board. Fostering positive working relationships and good communication among sponsors, boards, and residents is critical to limiting or avoiding litigation.
Services
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Prepare and amend governing documents (proprietary leases, declarations, bylaws, rules, and regulations) and operational form documents and policies
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Draft documents for and render advice at board and shareholder/unit owner meetings
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Advise or arbitrate/litigate on budget and expenses
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Negotiate access agreements; litigate through Article 881 proceedings, if necessary
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Draft and negotiate contracts with contractors and vendors
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Draft and negotiate retail and commercial leases, garage agreements, and licensing agreements
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Advise clients on local, state, and federal compliance issues
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Advise on labor, employment, and union issues
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Serve as litigation counsel in real estate, commercial, employment, and construction litigation
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Advise boards on insurance coverage and notification regarding actual and potential claims
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Counsel on foreclosure and bankruptcy
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Represent boards and sponsors before governmental and administrative agencies
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Obtain New York State Office of the Attorney General approvals for new and conversion condominiums through both offering plan and no-action treatment
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Negotiate loans and execute due diligence for sponsors and investors
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Facilitate transition of boards from sponsor to unit-owner control
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Help clients navigate emergent issues relating to extreme weather, infrastructure, and public health
Distinction
Our clients benefit enormously from working with a condo/co-op team embedded in an Am Law 100 firm with access to colleagues practicing not only in every area of real estate law, but other fields also core to the operation of condos/co-ops. These include Construction, Land Use & Zoning, Real Estate Finance, Leasing, Cozen O’Connor Public Strategies, Commercial Litigation, Labor & Employment, Insurance, Bankruptcy, and Private Client, Trusts and Estates.
May 13, 2025
Leni Cummins provides details on NYC Local Law 97's compliance report deadline.
April 08, 2025
New York City building owners facing Local Law 97 carbon emission compliance deadlines should note the available grace period, extension options, and potential hefty penalties for non-compliance.
December 02, 2024
Leni Cummins discussed personal liability and indemnification of board members in Habitat Magazine's Legal Lessons column.
October 30, 2024
New York cooperatives, condominiums and homeowner associations are advised to comply with the Corporate Transparency Act by January 1, 2025 to avoid penalties.
July 11, 2024
Leni Cummins discusses a new New York state law restricting evictions that will require landlords, including coops and condos, to include an updated notice in leases starting August 18, 2024.
June 25, 2024
Starting Jan. 1, 2025, NYC property owners may not deny a housing interest to someone based on their criminal history, with limited exceptions. Leni Cummins discusses.
January 18, 2024
Most cooperatives and some condominiums must now report personal information about their beneficial owners to FinCEN under the Corporate Transparency Act. Jennifer Miller, Steve Katkov, Larry Laubach, Leni Cummins discuss.
January 10, 2024
Leni Cummins, Jennifer Miller, Rachel Soloman, and Anthony Riverso discuss the complexities surrounding the recent amendments to Section 756-a and Section 756-c.
December 01, 2023
Jennifer Miller discusses new New York legislation aimed at increasing transparency regarding the risk of flood damage and availability of insurance.
October 09, 2023
Leni Cummins and Jennifer Miller discuss the New York City Department of Buildings' proposed new rules to clarify "good faith efforts."
March 24, 2023
Leni Cummins discusses the new standards for lithium-ion devices set by the NYC Administrative Code Sections 20-609 and 20-610, signed into law on March 20, 2023.
March 02, 2023
Leni Cummins and Jennifer Williams discuss New York City's Local Law 18 that requires owners and/or renters who want to rent out their residential units for less than 30 days to register with the New York City’s Mayor’s Office of Special Enforcement.
December 09, 2022
Leni Cummins discusses the allocation of expenses between residential and commercial units in Habitat Magazine.
December 06, 2022
There has been a dramatic increase in fires resulting from lithium-ion batteries and chargers. What preventative measures can coops and condo boards consider?
October 31, 2022
Leni Cummins and Jennifer Miller discuss how the boards of condominiums and cooperatives should prepare for a recession and emphasize the fiduciary duties they owe to their unit owners and shareholders in the New York Law Journal.
July 27, 2022
An amendment to the Condominium Act authorizes a board of managers of a condominium to allow unit owner meetings to be conducted electronically.
June 13, 2022
The New York State Division of Human Rights (NYSDHR) has issued final regulations for housing providers to comply with New York Executive Law Sec. 170-d.
February 04, 2022
Leni Cummins and Jennifer Miller discuss Section 467-a of the Real Property Tax Law and the prevailing wage affidavit condo and coop boards must submit to qualify for the tax abatement.
January 11, 2022
Leni Cummins and Jennifer Miller discuss legislation Governor Hochul signed to exempt condos and coops from the 2019 Housing Stability and Tenant Protection Act.
December 22, 2021
Leni Cummins and Jennifer Miller discuss New York City's order that all workers in must provide proof to their employers that they have received at least one dose of a COVID-19 vaccine by December 27, 2021.
September 15, 2021
Leni Cummins and Jennifer Miller authored an article discussing the Senate Bill S6350A signed into law by Governor Kathy Hochul that will require condos and cooperatives to pay prevailing wages to service employees in order for their owners/shareholders to receive tax abatements in The Cooperator New York.
September 09, 2021
Leni Cummins and Jennifer Miller discuss Senate bill S6350A signed into law by Governor Kathy Hochul on Labor Day.
April 02, 2021
Leni Cummins addresses the challenges arising for New York City condominium boards and unit-owners as they navigate construction delays and apartment alteration agreement deadlines in Habitat.
March 31, 2021
Leni Cummins and Jennifer Miller discuss New York Senate Bill S867 that requires every housing provider to provide written notice to all tenants and prospective tenants of their rights to request reasonable modifications and accommodations in connection with certain disabilities recognized under New York law.
March 01, 2021
Leni Cummins addresses if a statute of limitation exists for a request approved by a condominium board, that granted the homeowner permission to increase the height of a balcony enclosure in The Cooperator.
February 09, 2021
Leni Cummins and Jennifer Miller discuss what boards of coops and condos need to consider when implementing a vaccination policy for their buildings now that vaccines are becoming more available.
December 22, 2020
In the Consolidated Appropriations Act, 2021 (the Act), which the House and Senate passed on December 21, the Small Business Act was amended to make cooperative housing corporations eligible for PPP loans.
October 30, 2020
Leni Cummins and Jen Miller discuss New York City's authorization to reopen indoor pools.
September 22, 2020
Leni Morrison Cummins and Jennifer Miller co-authored an article published in Habitat Magazine addressing the circumstances under which a condominium board may be held responsible for the cost of repairs to a unit.
September 03, 2020
Leni Cummins and Jennifer Miller discuss what condo and coop boards need to know before reopening gyms and fitness centers.
August 21, 2020
Leni Cummins and Jennifer Miller discuss the conflicting guidance regarding opening indoor pools in New York City.
July 15, 2020
Leni Cummins and Jennifer Miller update New York City condo and coop owners and boards with the latest guidance from the Empire State Development Corporation.
July 09, 2020
Leni Cummins and Jennifer Miller discuss the Empire State Development Corporation's guidance for private pools and fitness centers.
June 05, 2020
Leni Cummins and Jennifer Miller discuss changes to governing documents condo and coop boards should make that better equip themselves for this new reality.
May 19, 2025
Leni Cummins is quoted in a Law360 article regarding changes to blue-sky law in New York’s 2026 budget that allow some mixed-income rental buildings to be converted to condominiums.
May 19, 2025
Scott Pashman was quoted in Habitat Magazine in an article examining the legal consequences for co-op and condo boards that fail to uphold their fiduciary responsibilities.
April 17, 2025
Leni Cummins is quoted in a Habitat Magazine column responding to a question regarding who has legal rights to co-op spaces (i.e., a backyard) when ownership and boundaries are unclear.
April 08, 2025
Leni Cummins is quoted in a New York Times “Ask Real Estate” column responding to a question regarding who has legal rights to co-op spaces when ownership and boundaries are unclear.
March 04, 2025
Leni Cummins appears on the Legal Talk for Co-ops and Condos podcast to discuss the liability risks faced by condo and co-op board members.
February 17, 2025
Leni Cummins appears on the Legal Talk for Co-ops and Condos podcast to discuss indemnification clauses for volunteers on condominium boards.
January 11, 2025
Leni Cummins is quoted in a New York Times “Ask Real Estate” column responding to a question regarding erroneous charges on a co-op account.
December 03, 2024
Cobb brings to the firm nearly three decades of experience as a residential real estate and construction litigator with substantial cooperative housing and condominium practice. He joins the firm as a member and will work out of Cozen O’Connor’s New York City office.
November 11, 2024
Leni Cummins is quoted in a New York Times “Ask Real Estate” column responding to a question regarding requirements for co-op board members to live in the building.
October 01, 2024
Leni Cummins is quoted in a New York Times “Ask Real Estate” column responding to a question regarding co-ops banning electronic bicycles and residents requesting accommodation under the Fair Housing Act.
June 26, 2024
Leni Cummins is quoted in a Habitat magazine article responding to a question regarding boards for co-ops being required to account for their use of funds. Her response was previously published in the New York Times “Ask Real Estate” column.
June 18, 2024
Leni Cummins is quoted in a New York Times “Ask Real Estate” column responding to a question regarding boards for co-ops being required to account for their use of funds.
March 25, 2024
Leni Cummins appears on CNN to discuss what could happen to Donald Trump’s properties if New York State Attorney General Letitia James decides to seize Trump’s assets in lieu of the $454 million fine Trump said he cannot meet.
March 24, 2024
Leni Cummins is quoted in a New York Times article discussing former President Donald Trump’s civil fraud trial and what the judgment means for his properties.
January 29, 2024
Enzo Sallese, Steven I. Pearlstein, and Andrea Wong — will join its fast-growing North American Real Estate practice.
January 09, 2024
Leni Cummins discusses concerns raised by an individual residing in a gated community with CooperatorNews.
January 05, 2024
Leni Cummins provides insight into a scenario where a shareholder seeks protection from a board's potential abuse of authority in imposing fines, citing instances where fines lack definition in bylaws, the "Failure to Adhere" clause is bypassed, and excessive fines are applied without warning or discussion in Q&A with CooperatorNews.
November 29, 2023
With condos and co-ops changing owners, property managers, and boards several times throughout their lifetime, shareholders are often left asking who bears the responsibility of maintenance and repairs for renovations made by previous owners.
October 31, 2023
NEW YORK, October 31, 2023 – Leni Cummins, a member of Cozen O’Connor’s Real Estate Practice and chair of the firm’s Condominium & Cooperative Practice, has been named a fellow of the American Bar Foundation.
October 19, 2023
NEW YORK CITY, August 19, 2023 – Leni Cummins, a member of Cozen O’Connor’s Real Estate Practice, has been named an Influencer in Multifamily by GlobeSt. This recognition honors individuals who have played a vital role in shaping the multifamily industry and its future.
September 29, 2023
Leni Cummins discusses her proudest achievements over the past year upon receiving the New York Law Journal's 2023 Innovation Award.
August 23, 2023
Leni Cummins provides insight into a situation that constitutes a clear breach of contract based on the offering plan, which is a contract between the sponsor and buyers, in a Q&A session with CooperatorNews.
August 16, 2023
Leni Cummins, a member of Cozen O’Connor’s Real Estate Practice,has been named an Innovation Award recipient by the New York Law Journal.
August 08, 2023
Leni Morrison Cummins discusses a co-op's oversight with alteration pass-along charges, resulting in costly consequences in Habitat Magazine.
June 28, 2023
Leni Cummins offers guidance on efficiently managing issues related to the superintendent of your condominium or co-op in The New York Times. In this article, Leni discusses an instance where the super has violated the ban on smoking in public spaces and the Clean Indoor Air Act by smoking in his basement office, which is considered a common space and a workplace.
June 20, 2023
Leni Morrison Cummins addresses the common challenges owners face in getting necessary work and repairs from developers when dealing with new construction projects in The New York Times.
June 20, 2023
Leni Morrison Cummins discusses the allocation of expenses between residential and commercial portions of mixed-use condominiums, emphasizing the significance of comprehending the established allocation methodology and its practical application on Habitat's Legal Talk podcast.
March 01, 2023
Leni Cummins provides insights into the intricacies of managing estate sales with condo and co-op boards in a Q&A session with CooperatorNews.
February 25, 2023
Leni Morrison Cummins is quoted in The New York Times discussing options for co-op tenants experiencing noise disturbances.
January 24, 2023
Leni Cummins is quoted in a Law360 article discussing the recent increase in fires caused by lithium-ion batteries in New York City. While Leni is not aware of any confirmed lithium-ion explosions among her condo and co-op clients, she believes it is crucial for condo and coop boards to have conversations about implementing e-bike and scooter regulations as a preventative measure.
December 19, 2022
New York, December 19, 2022 – Cozen O’Connor and its affiliate, Cozen O’Connor Public Strategies, announce the release of an innovative short documentary, “New York City: What’s Ahead? A Real Estate Perspective,” with keen observations about this current unprecedented and transformative period.
December 14, 2022
Leni Morrison Cummins is quoted in a Bisnow article that addresses the recent rise in the number of fires caused by malfunctioning batteries and chargers for electronic bikes in New York City. In the article, Leni discusses what this means for building boards and property owners. Research shows that e-bike sales increased by 145% during the pandemic and have caused serious safety concerns.
November 22, 2022
Leni Cummins discusses how condo, co-op, and homeowner association (HOA) boards are grappling with issues related to political signage and messaging in the current divisive political climate in a Q&A session with CooperatorNews.
October 06, 2022
New York City real estate professionals are feeling optimistic about the city, with anti-real estate sentiment among politicians topping their list of concerns, narrowly edging out the high cost of construction.
September 24, 2022
Leni Cummins is quoted in The New York Times discussing the complexities behind homeowners in New York City seeking financial remedies for building inconveniences.
September 16, 2022
Zach Samton is quoted in S&P Global discussing how the U.S. commercial real estate industry is handling the Libor transition.
June 01, 2022
Super Lawyers has selected 49 Cozen O'Connor attorneys to the 2022 Pennsylvania Super Lawyers and Rising Stars lists.
May 25, 2022
Ziefert brings a 20-plus-year track record of successfully representing developers, private equity funds, large investors, and institutional lenders in complex real estate investment and development transactions.
April 02, 2022
Leni Cummins is quoted in The New York Times discussing the current demand for electric cars and how state laws will eventually have to make accommodations to this demand.
December 20, 2021
Leni Cummins discusses what condominium and cooperative boards should disclose to its shareholders, and when boards should do so in Habitat.
November 24, 2021
Leni Cummins discusses the recent bill signed by Governor Kathy Hochul that will require co-op and condo boards to pay prevailing wages to their building staffers in order to receive the coveted property tax abatement in Habitat Magazine.
September 15, 2021
Leni Cummins discusses imminent changes that are a result of Senate bill S6350A that was signed by Governor Kathy Hochul and will limit the tax abatement to those residing in condos and co-ops that pay their service employees the prevailing wage in Habitat Magazine.
June 03, 2021
Leni Cummins discusses the push to mandate the COVID vaccine for public-facing employees such as doormen and concierge throughout New York City in New York Magazine’s Curbed.
April 23, 2021
Leni Cummins addresses the Elliman Property Management breach and what it means to condominium boards and their employees in The Real Deal.
March 12, 2021
As the number of New Yorkers eligible to receive the vaccine continues to grow, Leni Cummins addresses whether condo and co-op boards discussions on mandating that building workers be inoculated is within a board’s rights in The Real Deal.
February 23, 2021
Leni Cummins and Jennifer Miller discuss whether boards can require employees hired directly by the condo or co-op to get a COVID-19 in order to maintain employment in The Cooperator.
February 06, 2021
Leni Cummins discusses important considerations for New York coops as boards begin to discuss whether building staff, as well as periodic workers such as contractors or housekeepers, will be required to get the COVID-19 vaccine in The New York Times.
December 22, 2020
Leni Morrison Cummins, a member of Cozen O'Connor’s Real Estate Practice, has been named a 2021 Notable Woman in Law by Crain’s New York Business.
December 01, 2020
Leni Cummins discusses whether cooperatives are required to pay employees who take a vacation in a state listed on New York's COVID-19 quarantine list, therefore requiring the employee to self-quarantine for 14 days upon return in The Cooperator.
November 10, 2020
Leni Cummins discusses the challenges confronting New York City condominiums and coops with retail property in light of the COVID-19 pandemic in The Real Deal.
November 04, 2020
Leni Morrison Cummins was quoted in an article published in The Real Deal titled “Court Puts Condo Investors on the Hook for Shoddy Construction.”
October 20, 2020
New York – October 20, 2020 – Leni Morrison Cummins, a member of Cozen O'Connor’s Real Estate Practice, has been named a 40 Under 40 Rising Star by City & State New York.
June 23, 2020
Leni Cummins discusses what measures condominium and coop boards should take in preparation for the potential second wave of the coronavirus in The Real Deal.
June 19, 2020
Leni Cummins, a member of Cozen O'Connor’s Real Estate Practice, was named a 2020 “On the Rise – Top 40 Lawyer” by the American Bar Association’s (ABA) Young Lawyers Division.
June 12, 2020
Leni Cummins discusses efforts condo and coop boards can take now to protect and prepare themselves for a possible second wave of the virus in Habitat magazine.