Delphi Falls Land Use & Zoning Lawyer, New York, page 2
John L. Bardsley
Land Use & Zoning
Status: In Good Standing *Status is reviewed annually. For latest information visit here Licensed: 38 Years
36 Main St, Cortland, NY 13045
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LEGAL TERMS
IMPLIED WARRANTY OF HABITABILITY
A legal doctrine that requires landlords to offer and maintain livable premises for their tenants. If a landlord fails to provide habitable housing, tenants in ... (more...)
A legal doctrine that requires landlords to offer and maintain livable premises for their tenants. If a landlord fails to provide habitable housing, tenants in most states may legally withhold rent or take other measures, including hiring someone to fix the problem or moving out. See constructive eviction.
MECHANIC'S LIEN
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Ty... (more...)
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Typical lien claimants are general contractors, subcontractors and suppliers of building materials. A mechanics' lien claimant can sue to have the real estate sold at auction and recover the debt from the proceeds. Because property with a lien on it cannot be easily sold until the lien is satisfied (paid off), owners have a great incentive to pay their bills.
INCIDENTS OF OWNERSHIP
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to... (more...)
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to receive rent--then legally, no gift has been made. This distinction can be important if you're making large gifts to reduce your eventual estate tax.
LIQUID ASSETS
Business property that can be quickly and easily converted into cash, such as stock, bank accounts and accounts receivable.
MULTIPLE LISTING SERVICE (MLS)
A computer-based service that provides real estate professionals with detailed listings of most homes currently on the market. Much of the information can now b... (more...)
A computer-based service that provides real estate professionals with detailed listings of most homes currently on the market. Much of the information can now be obtained by the public through websites like www.realtor.com.
FAIR HOUSING ACT & FAIR HOUSING AMENDMENTS ACT
Federal laws that prohibit housing discrimination on the basis of race or color, national origin, religion, sex, familial status or disability. The federal Acts... (more...)
Federal laws that prohibit housing discrimination on the basis of race or color, national origin, religion, sex, familial status or disability. The federal Acts apply to all aspects of the landlord/tenant relationship, from refusing to rent to members of certain groups to providing different services during tenancy.
EXCULPATORY CLAUSE
A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by t... (more...)
A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by the landlord's actions. Most states have laws that void exculpatory clauses in rental agreements, which means that a court will not enforce them.
COMMERCIAL FRUSTRATION
An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can bre... (more...)
An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can break a lease if the property she agreed to rent accidentally burns down before the tenants move in.
INVEST
(1) To formally grant power or authority to someone. For example, when the President of the United States is inaugurated, he is invested with all the powers of ... (more...)
(1) To formally grant power or authority to someone. For example, when the President of the United States is inaugurated, he is invested with all the powers of that office. (2) To contribute money to a business venture, or to buy property or securities, with the intention and expectation of making a profit.
SAMPLE LEGAL CASES
CASPIAN v. Zoning Bd.
The issue on this appeal is whether a municipal zoning board may deny requested area variances
on the basis of common-law principles that are independent of the statutory factors enumerated
under Town Law § 267-b (3). In particular, we are asked to determine whether ongoing ...
MATTER OF GENSER v. Board of Zoning and Appeals of Town of North Hempstead
Meanwhile, after a public hearing on January 3, 2006, the Town of North Hempstead adopted
the zoning amendment which provided, inter alia, that the minimum lot width in the residence
A district where the lot is located must be either 65 feet or the average width of the lots ...
MATTER OF WEST BEEKMANTOWN NEIGHBORHOOD ASSOCIATION, INC. v. Zoning Board of Appeals of the Town of Beekmantown
Petitioners contend that the ZBA's issuance of a negative declaration and subsequent grant of
the conditional use permit was improper because the determination that the proposed wind farm
constituted an essential service as defined by the Town Zoning Law was arbitrary and ...
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