Edition: U.S. / Global

Q and A

Published: June 28, 1992

A Blocked Sale in a Co-op Question: The board at my co-op has refused to approve the sale of my apartment to a qualified buyer. The reason given is that the buyer would own two apartments in the building pending his divorce settlement, at which time the title of the apartment he owns now would pass to his wife.

This seems unfair because I know of other situations in which the board allowed people to own two apartments at once. I bought an apartment five years ago from someone who had simultaneous titles to two apartments in the building. Also, there is another owner in the building who took title to a second apartment before she sold her first. The board has only said, "That was then and this is now."

Do I have any recourse or means for influencing the board's decision? . . . Alvin Jaff, Manhattan Answer: Probably not. The board has the right to reject buyers without explanation or justification. The only exception is if its decision to reject the buyer violates the state's laws that prohibit discrimination in housing based on race, religion, ethnicity or sex.

It may be that board members knows something about the circumstances of your potential buyer that you do not. They may not have had confidence in his ability to handle two mortgage and maintenance payments. Since the board's rejection of your buyer was not absolute, but conditional, it seems that it is protecting the other shareholders in the co-op. Gateway Plaza Conversion Question: I have heard speculation that the Gateway Plaza rental apartments in Battery Park City will be converted to a condominium in the next couple of years. In the near future, so the argument goes, tax abatement on the property will expire, making a conversion a probability. Is there any truth to this? . . . Marshall Mamin, Manhattan Answer: Apparently not. Richard LeFrak, a principal in the development company that built the rental complex, said: "We built Gateway to be a rental and have no plans to convert the buildings to either a co-op or condominium."

The complex is 10 years old. But it was not built with the benefit of one of the city's tax-abatement programs, like 421a, which expires after 10 years. Therefore the 10-year anniversary would have no bearing on the owner's tax bill.

Gateway is a form of subsidized housing, however. It was built with a 40-year mortgage insured by the Department of Housing and Urban Development. The 1,712 apartments there are subject to Mitchell-Lama rent regulations. Mr. LeFrak said that any plan to convert the buildings to an owner-occupied development would have to satisfy the regulations that pertain to Federal Housing Administration mortgages. A Paint Job Delayed Question: I am a rent-stabilized tenant in a large apartment complex. I requested a paint job, to which I am entitled, more than seven weeks ago. So far there has been no response from the management nor has the work been scheduled. Is there anything that can be done about this? . . . Doris Brown, Queens Answer: Yes. First try to find out if the work has been scheduled. It may be that there are other tenants who are entitled to paint jobs at this time.

If there is no response to your question, or the management refuses to give you a satisfactory explanation for the delay, you can file a complaint with the State Division of Housing and Community Renewal. Since the paint job is a required service -- a tenant is entitled to one every three years -- your landlord is violating rent-regulation rules and could be required to reduce your rent because of the reduction in service.

Let the management know that you have filed the reduction-in-service complaint. It may be that the prospect of a rent reduction will be a prod. You can get a a reduction-in-service complaint form by writing to the housing agency's rent administration office at 92-31 Union Hall Street, Jamaica, Queens 11433, or by calling the rent hot line, (718) 739-6400.