UPDATE: On April 2, 2026, the New York State Attorney General announced that she had filed an appeal to the ruling discussed below.

On March 5, 2026, the New York State Supreme Court, Appellate Division, Third Department, affirmed a lower court ruling finding that New York’s prohibition on housing discrimination based on a tenant’s “lawful source of income” is facially unconstitutional.

Co-op boards and managing agents will need to quickly familiarize themselves with a newly-adopted Local Law, Intro. 1120-B, which requires co-ops with 10 or more residential units to follow strict timelines to review and respond to sales applications that require board approval.

Mark Axinn, Chair, Cooperative and Condominium Practice at Phillips Nizer, was published in Habitat Weekly’s December 20th issue with the article, “Hidden Costs of Commercial Leases”, discussing how leasing a co-op’s commercial space can come with “hidden” costs, such as rent concessions and broker fees, and means to best address those expenses.

Mark Axinn explains how to think like a professional landlord while recognizing your unique constraints.

Phillips Nizer, led by Partner Mark Axinn and Associate Judith Swartz, recently secured a significant victory in New York Supreme Court, Kings County on behalf of its client, a cooperative.

Mark Axinn, Chair, Cooperative and Condominium Practice at Phillips Nizer, was published in Habitat Weekly’s November issue with the article, “Spread Costs Over Time With Strategic Negotiations”, discussing the up-front expenses Co-ops face when leasing to new commercial tenants.

Mark Axinn, Chair, Cooperative and Condominium Practice at Phillips Nizer, was published in Habitat Weekly’s December 28^th issue with the article, “Arrears in Co-op and Condo Communities”, discussing steps co-op and condo boards can take to collect unpaid maintenance and common charges from shareholders or unit-owners.   

Mark Axinn, Chair, Cooperative and Condominium Practice at Phillips Nizer, was quoted in Habitat Magazine’s December 2023 issue for the article, “Get Your Guard Up”, discussing co-op and condo boards’ risk of cybersecurity attacks and how to minimize the risk of a breach in security. 

Phillips Nizer Cooperative and Condominium Practice Chair, Mark Axinn, was featured in Habitat Magazine, for his article, “A Primer for Co-op and Condo Boards on How to Handle Hoarders”, August 2, 2023.

by Mark Axinn

As part of their estate planning, elderly shareholders often want to transfer their shares into an entity for the benefit of their adult children or their grandchildren. For a long time, boards have tended to bar shareholders from transferring their shares to trusts.

Cooperative and Condominium Practice head Mark Axinn was featured in the Cooperator News New York's Q&A series discussing who is responsible for window repairs and replacements in proprietary leases. 

Good News for Co-op Boards and Managing Agents for the New Year: Changes to Housing Stability and Tenant Protection Act Benefit Co-op Corporations.  On December 22, 2021, Governor Hochul signed legislation exempting co-ops from many of the onerous restrictions in the Housing Stability and Tenant Protection Act of 2019. These revisions will allow boards and their agents to represent the shareholders’ interests more effectively in operating their buildings.  

Condominium and Cooperative Practice Chair Mark Axinn answers a reader question for Cooperator News New York on coop meeting rules.

Proportionate Shares Are Set in Stone, Habitat Magazine (November 2021) 

The national debate on evictions is set to play out in New York, where the Civil Court’s residential landlord and tenant section, commonly known as housing court, is scheduled to reopen next month for the first time since March 2020. Co-op boards looking to enforce their proprietary leases must grapple with two questions: What if the courts do not reopen in September, despite this month’s U.S. Supreme Court ruling invalidating the current moratorium on evictions? And even if housing court does reopen, how much of a delay will co-ops face due to the severe backlog of cases after a 17-month hiatus brought on by COVID-19?

After decades of fighting their sponsors, New York City co-ops and condominiums may finally be catching a break. Almost 20 years have passed since the state’s highest court, the Court of Appeals, decided the landmark Jennifer Realty case, holding that co-op apartment corporations may sue their sponsor-developers for breach of an implied promise to sell their unsold shares in the corporation. Despite the ruling, most owners of unsold apartments continued to rent rather than sell their unsold units, especially when the rental market remained strong.

Four partners and an associate join top NY Real Estate practice