Attorney Greenman shares her legal expertise and insight through numerous outlets. Recent pieces include:
“Is Limited Liability Company Ownership A Sound Business Decision For Landlords In The Commonwealth?“
Massachusetts Bar Association, July/August 2019
Common legal advice from attorneys to investment property owners seeking liability protection is to purchase and own the subject property in a limited liability company (LLC), a “flow-through” entity that provides most, if not all, of the same protections as a corporation. In this article, we will explore how ownership rights and duties for landlords are affected by holding property in an LLC, as well as potential traps attendant to such ownership.
“The risks of purchasing occupied property – Advising the eager client“
Massachusetts Lawyers Journal, July/August 2017
…New buyers of occupied multi-family properties – for themselves or an investment – face serious risks lurking under the welcome mat that are rarely considered before closing: inability to move into the home as intended, non-paying tenants, tenants paying less than market value, illegal apartments, numerous sanitary code violations and other issues that can require serious hours and dollars to rectify or considerably decrease the home’s value. But with proper advice and negotiation, these risks can and should be alleviated.
“Ask an Attorney: Lead-Based Paint“
Metropolitan Boston Housing Partnership Owner News, Summer 2016
…An owner cannot evict or refuse to rent to anyone because of the presence of lead paint, as this is considered discrimination, which is against the law and carries penalties. Further, any advertising of properties, including those in owner-occupied two-family homes, cannot indicate a preference of limitation. Statements such as “unit not de-leaded” are not permissible, as they suggest a preference that excludes families with young children.
“Just cause eviction’ proposal cause for serious concern“
Massachusetts Lawyers Journal, May/June 2016
…Whether or not housing is a right is a public policy issue, and to date this country has chosen not to deem it as such. Until such time, no one has the right to live in another person’s property without complying with lease rules…To overburden the small/mid-level owner, regardless of which side you are on, only avoids the bigger issue of who benefits from the increasing stranglehold the law puts on small landlords. They are a small business, not a monopoly. They are keeping housing local, not changing neighborhoods by wholesale removal of its residents.
“Small property owners and small businesspeople: a call for fairness“
Massachusetts Lawyers Journal, August 2015
…The difficulty of resolving disputes between property owners and their residential tenants in Massachusetts results in an economic necessity for the owner to pay an outgoing tenant money as incentive to leave at the end of the contract in order to avoid being mired in a legal battle to obtain possession of his or her own property. Such a result was certainly not the intention of the statutes, court rules and the cases interpreting them. (See page 16…)
“Conveyancers caveat: may not be trustworthy“
Real Estate Bar Association (REBA) News, May 2015
…New hurdles, wrinkles, and traps are shaking my trust in the real estate closings process, and putting attorneys in positions dangerously close to breaking the law. Read about my scary experience and be warned. (See page 7…)
“Landlords’ access to justice: Is pro se representation a good business decision for landlords in the commonwealth?”
Massachusetts Lawyers Journal, May 2014
…A tenant clinic is offered every Monday to assist tenants. No similar service is offered to landlords, who can be exposed to damages for procedurally deficient cases and strict liability under state law. Having a lawyer referral service for landlords can help achieve greater efficiencies for the Housing Court by giving property owners access to an accurate assessment of their legal rights and obligations. (See page 19…)