Gene R. Berardelli's Answers

What does R3 zoning mean

Zoning designations means different things in different jurisdictions. Each come with their own use limitations, height and setback requirements, minimum yard requirements, open space requirements, and the like. There may also be sub-categories from more specific contextual zoning districts. In New York City, R3 zones are low density residential districts for one and two family attached and semi-detached homes, and also for medium density general residences like garden apartments (...

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I am 2 months behind on my rent, and think that my landlord is going to try to evict me. What is the process?

Landlord-Tenant matters are handled very quickly, so remember that time is not on your side. Before all else, consult a Landlord-Tenant Attorney. But if you insist on handling matters yourself, Here's what you can do: First, consult your copy of the Lease and read about "Default". If you're not yet in default, contact your Landlord and see if you can come to some alternative arrangement for rent. The eviction process in NYC follows this process: (1) Upon default, you will...

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My wife and I have been living seperated for 2 years in NYC . what do we need to do to finalize a divorce

I just want to add that the NY Courts website has tremendous resources for people looking for answers regarding divorce. This is probably a good place to start.

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What laws do I need to be aware of that would allow me to successfully run against a nominating committee slate of officers?

When reading this answer, please note that I am an attorney licensed in NY, and advise you to consult an attorney licensed to practice in OH for a clearer answer regarding that state's laws. Typically, non-profit voting procedures are governed by their organizing documents (articles of incorporation, bylaws, etc.). In their organizing documents, you should be able to find specific answers t your questions. Some member organizations have a nominating committee nominate a slate, and then...

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Should I retain an Attorney?

Yes! No matter what you're talking about, having an expert on your side to guide you through matters is always the best option. That's why I call plumbers to fix my pipes, instead of fumbling around with a wrench and flooding my basement! Sure, you can do it yourself, but there are a lot of pitfalls that you need to avoid in filing a pursuing an action. Lawsuits are initiated by filing a Summons & Complaint with the Court. But there are lots of rules that you need to know in order to...

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Short sale

A "short sale" is not the answer for you. Typically the option of a "short sale" is only available for homeowners after they have defaulted on their mortgage. Even if you were able to do this, a "short sale" results in no monetary gain to the homeowner, and negatively impacts your credit, and you will not be able to qualify for another mortgage for some time thereafter. All in all, it's entirely NOT the way you want to go! These are tough times in the market for buying / selling a...

Can Daughter Help Father- Sole Proprietor sick & unable to communicate, property in pre-foreclosure/New Business & Mortgage?

First of all, I'm sorry to hear about your father. From the looks of things, you have multiple issues going on here, so let's see what can be addressed now, and what additional information would be needed. Regarding your father's debts, if there are debts assigned to collection agencies, contact them and arrangement to make a payment schedule. Explain the situation to them - they may be more willing to negotiate because otherwise the likelihood of collecting is small. Some debts, like...

Converting single family to multi family dwelling

When changing the occupancy of a home, you typically need to start by (1) checking any Certificate of Occupancy on file for your building (which will more than likely need to be changed, or if there isn't one existing because of the age of the home, you'll need to file one), and (2) you need to check the permissible uses of the zoning district where your property is located. Then once you get past those two points, you need to consider any building requirements you have. You'll have to...

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Want to stop zoning change next door for multi-family apartments.

Let me start by saying that i am not licensed to practice law in your jurisdiction, and I highly recommend that you consult with a land use expert in your area. Be prepared for an uphill climb. I have advocated on behalf of zoning changes in my neighborhood in Brooklyn, NY ( I've been on both sides - arguing for a given plan, and against.), and from my experience, a certified plan for changing zoning is tough to fight. Typically, planners have taken a lot of time and effort to make the...

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Can a business use images of a minor in their advertisement without parental permission?

When considering my answer, please remember that I am not a attorney that is licensed to practice in your jurisdiction and that I highly recommend that you consult a licensed attorney in your jurisdiction. When a company wants to use a person's name and/or image for a commercial purpose, they typically have to get that person's permission. Typically, businesses have people sign general releases so they can use a person's name or image. When dealing with minors, getting their...

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