Originally published in Habitat Magazine in October
2018
Outdoor space is perhaps the most valuable commodity in New York
City. Some apartment owners look for any way to assert that the
area outside their apartment is for their exclusive use. That is
just what happened at 401 East 86th Street, and while the case,
Fairmont Tenants Corp. v. Braff, seems to be about the use
of outdoor space, it also reminds us of the relationship between
the proprietary lease and the offering plan. In addition, it raises
issues about when the plan becomes relevant, which can still happen
long after the cooperative has been in place. Finally, the case
reminds us that a cooperative has the right to enforce its
documents even if it looked the other way for many years.
