Brian Michael Higbie’s Answers

Brian Michael Higbie

Yonkers General Practice Lawyer.

Contributor Level 9
  1. Can a new Board rescind a policy that was in effect previously by a prior Board,namely a grandfather policy about parking space

    Answered almost 2 years ago.

    1. Brian Michael Higbie
    1 lawyer answer

    I am an attorney in Yonkers who practices condominium, co-op, and HOA law. Policies ought to be part of the Declaration, By-Laws, and Rules and Regulations. If your parking space policy is, then those documents should say how they can be changed. In some buildings, the process is quite formal and requires the vote of 2/3rds of the homeowners. In others, the Board can change them by a majority vote of the Board members. If the Board followed the rules, then there would need to be other...

    1 lawyer agreed with this answer

  2. Can my landlord sue because he did not fix a leak that I reported to him?

    Answered over 3 years ago.

    1. Brian Michael Higbie
    1 lawyer answer

    I would not expect the landlord to sue you so long as you inform the landlord that you can provide documents that show that you notified the landlord about the leak. Frankly, even if you did not notify the landlord, a lawsuit against you might still lose, but your defense would be stronger and victory more assured if you can document the notification. Disclaimer: This post is for informational purposes only. It is not legal advice, does not create an attorney-client relationship,...

    2 people marked this answer as helpful

  3. Joint ownership of home. can one force the other to sell ? what about a reverse mortgage instead?

    Answered almost 4 years ago.

    1. Brian Michael Higbie
    1 lawyer answer

    While I am unable to view your related question, I can provide a useful response to your issue. In order to qualify for a reverse mortgage, one must be at least 62 years of age. There are other requirements as well. You should determine whether you qualify before investing significant time in that course of action.

    2 people marked this answer as helpful

  4. In New York State (Westchester County) is there such a thing as a Deed Effective Upon Death?

    Answered almost 2 years ago.

    1. Richard J. Brickwedde
    2. Joseph A. Marra
    3. Brian Michael Higbie
    3 lawyer answers

    Wise of you to consider this question. My estate planning law practice helps people every day to face the kinds of issues that may arise upon someone's passing. Addressing your concern, there are many options available to you that will allow you to transfer your family home to your wife. There is only one way that I know of that will protect that home from creditors. Call my office if you want to explore a concrete plan. Unlike most other firms, we offer flat fee billing and a lifetime...

    1 person marked this answer as helpful

  5. What does it take to be removed as a guarantor on a lease ? The lease was signed in 2004. The lease term was from 2004-2006.

    Answered about 2 years ago.

    1. Brian Michael Higbie
    2. Richard J. Chertock
    2 lawyer answers

    The wording of the guarantee is where to begin. If you wish me to review and analyze the guarantee agreement and provide you with guidance, you'll need to hire me. If interested in doing so, provide me with your contact information. Regards, Brian Higbie, Esq.

    1 person marked this answer as helpful

  6. NYC owned condominium - Can a lean be put on the house without telling all 3 owners about it?

    Answered over 3 years ago.

    1. Brian Michael Higbie
    1 lawyer answer

    A complete answer will require a thorough review of the facts as well as some legal research. Short of that, it is my general opinion that the lien cannot encumber anything beyond your brother's interest in the condominium unit. A lien can be foreclosed, which would mean that the apartment would be sold at auction, and everything beyond your brother's one third interest would have to be paid to the owners of the 2/3rds interest. I cannot tell from your facts whether you would have any...

    1 person marked this answer as helpful

  7. Can I break a lease if the landlord wont answer my phone calls about people smoking in the hallway.

    Answered over 3 years ago.

    1. Brian Michael Higbie
    1 lawyer answer

    If the conditions are as you say and you can prove hospital visits and that smoking is a hazard to your health, you may be within your rights to move out under a constructive eviction. I cannot speak with more certainty because i know of know case with similar facts. You can start a lawsuit asking for a declaratory judgment from a court that the smoking in the hallway is a breach of the warranty of habitability. Short of a lawsuit, what I often do is try to get the landlord to sign a...

    1 person marked this answer as helpful

  8. How do I evict someone for non payment

    Answered over 3 years ago.

    1. Brian Michael Higbie
    1 lawyer answer

    If you are the landlord, then to evict a tenant you must start a landlord/tenant proceeding for eviction and to collect unpaid rent. If and when you obtain a judgment and a warrant of eviction, a local sheriff will enforce the warrant of eviction, and you can take steps to enforce the judgment. This can include garnishing wages. Also, the judgment is a public record and should automatically appear on the tenant's credit report but you could contact the major credit reporting agencies and...

    1 person marked this answer as helpful

  9. How do I evict tenant in room share?

    Answered over 3 years ago.

    1. Brian Michael Higbie
    1 lawyer answer

    If you are the landlord, then to evict a tenant you must start a landlord/tenant proceeding for eviction and to collect unpaid rent. If and when you obtain a judgment and a warrant of eviction, then you can take steps to enforce the judgment. This can include garnishing wages. Also, the judgment is a public record and should automatically appear on the tenant's credit report but you could contact the major credit reporting agencies and provide them with a copy of the judgment to ensure that...

    1 person marked this answer as helpful

  10. If i move before my lease is up because of the landlord faulting on their lease aggreement can I still get my deposit back?

    Answered over 3 years ago.

    1. Brian Michael Higbie
    1 lawyer answer

    Theoretically, you can absolutely get your deposit back if you move before the lease is up. If the conditions are as you say, you would be within your rights to move out under a constructive eviction and entitled to the return of your security deposit (minus the costs of any damages you may have caused, if any). What I often do is try to get the landlord to sign a termination agreement. If you wish to consult further with an attorney, I can meet you at my satellite office in Fishkill....

    1 person marked this answer as helpful