🗞️Understanding Ground Leases in Co-op Buildings


NYC Exclusive Apartments – Your Trusted Partner in New York City Real Estate

Understanding Ground Leases in Co-op Buildings

Credit: Neil B. Garfinkel: REBNY Broker Counsel, Partner-in-charge of real estate and banking practices at Abrams Garfinkel Margolis Bergson, LLP

What is a Ground Lease?

A Ground Lease, also known as a Land Lease, is a lease agreement where the co-op corporation does not own the land under the building. Instead, the co-op corporation leases the land from the landowner. In Manhattan, about 100 buildings operate under Ground Leases, many of which are co-ops. The terms of Ground Leases are typically long, ranging from 50 to 99 years.

Key Considerations for Purchasing a Co-op with a Ground Lease

Before purchasing a co-op apartment in a building with a Ground Lease, several important considerations should be made:

1. Rent Increase

Ask if the rent payable by the co-op corporation can increase during the term of the Ground Lease. If so, understand how the increase is calculated. Is it a set amount or based on a formula that requires a future determination? For instance, the rent increase could be tied to the fair market value of the property.

2. Impact on Maintenance Fees

If the rent increases in the future, how does this affect the maintenance paid by the co-op shareholders?

3. Restrictions on Structural Changes

Does the Ground Lease restrict the co-op corporation from making structural changes to the building?

4. Default Events and Remedies

Understand the “events of default” under the Ground Lease and whether the Ground Lease provides for the co-op corporation to cure such defaults.

5. Lease Term and Renewal Rights

Know the term of the Ground Lease and when it expires. Also, find out if the co-op corporation has the right to renew the Ground Lease.

6. Impact on Loan Acquisition

Consider how the Ground Lease affects the ability of prospective purchasers to obtain loans in the co-op. For example, if the Ground Lease expires in 30 years or less (the term of a 30-year mortgage), most lenders may not be willing to make a loan in the co-op.

7. Tax Implications

What are the tax implications of purchasing a co-op unit in a building with a Ground Lease? More specifically, do shareholders have a lower maintenance deductibility percentage (than co-op corporations that do not have Ground Leases) because the shareholders are prevented from deducting the portion of maintenance charges used to pay the rent under the Ground Lease?

8. Resale History

Does the co-op have a history of strong re-sales, or does it appear that the Ground Lease creates an impediment to the ability to re-sell the co-op?

Important Tip

This list is not exhaustive, and each situation may vary. Therefore, it is recommended that anyone seeking to buy a co-op apartment in a building with a Ground Lease should consult with an attorney beforehand.

For more articles like this, explore our blog.

Syd Harewood is a real estate professional with a passion for NYC’s architectural gems. For inquiries, call or message Syd Harewood at 📞646-535-3819. Experience the finest in NYC real estate with Syd’s expert guidance and deep knowledge of the city’s most exquisite properties.

We hope you found this information helpful. If you have any other questions or need more details, feel free to contact us. Happy apartment hunting!

Blog



Sydney Harewood.Lrsp, LEVEL. 5 West 37th Street | New York, NY 10018 | Tel: 646-535-3819

Leave a Reply

#Featured (Homes)

Own Your Slice of Greenwich Village: Luxury 2 Bedroom Condo for Sale on West 9th Street, Manhattan – A Prime NYC Investment Opportunity
October 17, 2025
Own Your Slice of Midtown West: Studio Condo for Sale in Hell’s Kitchen (Bloom on 45th) — $695,000 of [optimization] in Motion
October 16, 2025
Own Your Slice of Brooklyn: Boutique **2 Bedroom Condo for Sale in Clinton Hill**—Sponsor Sale on the Gold Coast
🗽Roosevelt Island hands us a board‑free, tax‑abated sponsor package that starts with Residence 16E-$1.16M
Own Your Slice of Manhattan: Luxury 2 Bedroom Condo for Sale in Hell’s Kitchen (349 W 51st St #3D) — New Boutique Living at Linden Lane
October 15, 2025
Own Your High Line Life: Luxury 1 Bedroom Condo for Sale in Chelsea NYC (517 W 29th St #6A) — Fireplace, Miele Kitchen, Roof Deck Access
Own Your Gramercy North Star: Luxury 1 Bedroom Co‑op for Sale in Gramercy NYC — Views, Fireplace, Doorman
October 14, 2025
Own Your West Side Command Center: Luxury 2 Bedroom Condo for Sale in Hudson Yards NYC — Balcony, Fireplace, Miele Kitchen
October 13, 2025
Own Your Downtown Edge: Luxury Studio Condo for Sale in Financial District NYC (75 Wall St #25Q) — Sponsor Sale, No Board Approval
October 12, 2025
Own Your Slice of Central Park West: Luxury 2 Bedroom Condo for Sale in Upper West Side Manhattan (Sponsor Residence)
Own Your Slice of Downtown Brooklyn Sky: Luxury 3 Bedroom Co‑op for Sale at Brooklyn Point (1 City Point #59E)
October 11, 2025
Unlock Your Greenpoint Waterfront Dream: Terrace **2 Bedroom Apartment Rental in Brooklyn**—Net‑Zero Luxury at **$6,692/mo**
Unlock Your Long Island City Dream: Corner 2 Bedroom Apartment Rental in Hunters Point Queens — AURA LIC 10C with Skyline Views at **$6,690/mo**
Unlock Your Midtown South Momentum: **Bright 1 Bedroom w/ Balcony + Fireplace at *The Davos*, 143 W 30th St #8A** — **affordable luxury rental in Midtown South Manhattan NYC** ($4,400/mo)
October 8, 2025
Unlock Your Crown Heights Upgrade: **Stylish 1 Bedroom + Home Office** at *One Sullivan* — **affordable luxury rental in Crown Heights Brooklyn NYC** ($3,625/mo)
Own The Henry: Luxury 5 Bedroom Penthouse for Sale on the Upper West Side — **Penthouse West, 211 W 84th St** (Rooftop, River & RAMSA)
October 7, 2025
Own the Harbor Horizon: Furnished Luxury 3 Bedroom Condo for Sale in Financial District Manhattan (One Wall Street, Residence 3505)
Own Your Slice of Downtown: Luxury 2 Bedroom Condo for Sale in the East Village (Alphabet City) — Juliet Balcony, Low Monthlies, Tax Abatement to 2036
Unlock Your Lenox Hill Life: Luxury 2 Bedroom Apartment Rental at The Remi — Upper East Side, NYC
October 6, 2025
Own Your Slice of Midtown: Luxury 1 Bedroom Condo for Sale in Midtown Central Manhattan — Selene Residence 31B, 100 East 53rd Street
Unlock Your Chelsea Dream: Corner 2 Bedroom Rental with Expansive Private Terrace at MABEL — Passive House Luxury in NYC
October 4, 2025
Own Your Slice of Brooklyn: Luxury 3 Bedroom Condo for Sale in Crown Heights — Terrace Living Near Prospect Park
Unlock Your Turtle Bay Launchpad: Sun‑Filled Studio Rental with W/D & Walk‑In Closet at Anagram Turtle Bay — Midtown East NYC **$4,422/mo** (Affordable Luxury)
Own Your Slice of Central Park West: Luxury 5 Bedroom Condo for Sale on the Upper West Side — Duplex Penthouse with Breathtaking Park Views
Own Your Slice of Manhattan: Luxury 4 Bedroom Penthouse Triplex for Sale in Midtown Central (200 East 59th Street, PH33/34)
Own Your Slice of Brooklyn: **Luxury 3 Bedroom Condo for Sale in Greenpoint** — Townhouse Proportions, Terrace Kitchen, Sponsor Power
October 3, 2025
Own Your Slice of Downtown: **Luxury 2 Bedroom Condo for Sale in Financial District NYC — Park‑Front Residence 18B at 33 Park Row**
Own Your Slice of Brooklyn Waterfront: **Luxury Studio Condo for Sale in Greenpoint** – Skyline Views, 30,000 SF Amenities, Sponsor Perks
Own Your Slice of Manhattan: **Luxury 1 Bedroom Condo for Sale in Upper West Side Manhattan** – Pre‑War Soul, Cutting‑Edge Finish, Sponsor Simplicity
October 2, 2025
Own Your Slice of Manhattan: Turnkey Sponsor **1 Bedroom Co‑op for Sale in Sutton Place, NYC** – No Board Approval, Big‑League Lifestyle

#ForRent

www.nycexclusiveapts.com
click to see full picture
OPEN PHONE CAMERA SCAN QR-CODE
Sydney Harewood
Licensed Real Estate Salesperson
New York City
646-535-3819
We are LEVEL
click to see full picture
LICENSED REAL ESTATE BROKER

5 WEST 37th STREET, 12 FLOOR
NEW YORK, NEW YORK 10018
...
www.nycexclusiveapts.com
click to see full picture
REBNY MEMBER
Sydney Harewood
Licensed Real Estate Salesperson
New York City
646-535-3819

Related Articles

No related articles