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Apts in Land Lease Building

Started by FirstTimer321
about 17 years ago
Posts: 1
Member since: Apr 2008
Discussion about
Was hoping to get some valuable insight into land lease buildings. Recently saw an apartment at 101 West 23rd which was very nice for a great price (but rather high maint). Interestingly enough, apartments on the top floor can also purchse roof rights to build up onto the roof as well. Found out from the broker that the maint. is high due to the building being a land-lease (which is leased though 2044 on the current agreement). Obviously there are risks to purchasing an apartment in a land lease building, but does anyone feel that the rewards outweigh the risk?
Response by West34
about 17 years ago
Posts: 1040
Member since: Mar 2009

This has been discussed many times. Use the search feature.

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Response by kylewest
about 17 years ago
Posts: 4455
Member since: Aug 2007

In a nutshell here you go: If a land lease expires in less than 30 years, no bank will give a mortgage and the apartments will be unsellable. In renegotiating the lease, the landlord holds most of the cards and can set the terms which could result in tripling or quadrupling or worse of the rent the coop pays the landlord. That results in astronomical maintenance quite possibly.

Here, if you bought and the lease truly is up in 2044, then you have only 5 years to renegotiate with the LL or you'll be in that stuck position of no one being able to unload a unit in the building by 2014. The risk of negotiations failing could be devastating to your investment in the coop.

In addition, I believe not one cent of the maintenance is tax deductible since it is rent and not a mortgage that the coop is paying.

If a land lease expires in 75 or 100 years, then the risks are for the next generation. But if it expires in the remotely near term as you say it does for 101 west 23rd, then I wouldn't touch a unit there no matter how good the value seems since the risks are unacceptably high.

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Response by 30yrs_RE_20_in_REO
about 17 years ago
Posts: 9913
Member since: Mar 2009

All deeds are pretty much created equal (for Coop apartment buildings). Land leases are not. Even if you've got a 99 year lease, if the ground rent doubles every 10 years, it's a lot different than if it goes up by 1% a year, or goes up by the amount of the RE Taxes.

Don't forget the tax deductiblity of the mtc is always lower in a land lease building because the Coop doesn't pay the RE Taxes, the land owner does, so you lose that tax deduction.

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Response by NYC10013
about 17 years ago
Posts: 464
Member since: Jan 2007

In other words, you'd have to be an idiot to buy in a land lease building unless it's ridiculously dirt cheap.

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Response by flatironj
about 17 years ago
Posts: 168
Member since: Apr 2009

what 30yrs says is wrong. In just about all landlease situations the building owner (ie, the coop) under the ground lease has the obligation to pay re taxes. All re taxes on the improvements that are part of the maintenance ARE deductible. The re taxes attributable to the land are not. Bottom line: most re taxes are deductible.

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Response by flatironj
about 17 years ago
Posts: 168
Member since: Apr 2009

Whther the rewards outweigh the risk is a function of the apartment price and the terms of the land lease. If you are financially savvy, you can figure this out. If you are not, you should stay away.

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Response by anonymous
about 17 years ago

The greatest downside is that they take the land away. So your building needs to find new land.

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Response by MeMe
about 17 years ago
Posts: 68
Member since: Sep 2007

For a worst case scenario story check this link http://www.urbandigs.com/2008/12/landleases_when_worse_than_the.html
and look at the SE listings for 301 East 63rd.

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Response by anonymous
about 17 years ago

"MACRO ECONOMIC DISCUSSIONS & INVESTMENT STRATEGY FOR MANHATTAN REAL ESTATE"

No thanks, I've seen enough after reading that pomposity!

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Response by mmarquez110
about 17 years ago
Posts: 405
Member since: May 2009

Yesverage - funny. Where's the best place where you can find cheap new land for your building?

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Response by West34
about 17 years ago
Posts: 1040
Member since: Mar 2009

Yesver.... Don't embarrass yourself. Urbandigs is universally acknowledged as a highly reputable blog. Read it and you will be wiser for it. While you're at it, add calculatedrisk, rgemonitor, and some of the other sites linked there to your favorites list.

As for your other comment, I did see a land lease building wandering around the far west side last weekend and the people in it looked really desperate.

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Response by nyc10022
about 17 years ago
Posts: 9868
Member since: Aug 2008

> No thanks, I've seen enough after reading that pomposity!

In this RE market, anybody THAT correct has to be considered pompous... because what ended up happening was so extraordinary. Nobody with meek predictions was right.

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