Home>Levelset Community>Legal Help>Mechanic Lien against coop owners...

Mechanic Lien against coop owners...

We're in the process of filling out a Mechanic Lien in NYC against a coop owner(s) for failure to pay our invoice. We're an interior paint company that was hired directly by the coop owners. The husband and wife are listed as co-owners according to ACRIS. Is it necessary to file two liens against the wife and husband separately? Or would one lien do? Also, do we need to file a lien against the management company of the building? The building did not hire us.

1 reply

Dec 16, 2019

First, when property is owned jointly by a husband and wife, one mechanics lien will generally be sufficient - separate liens should not be necessary. New York's lien statute actually contemplates situations where both spouses have ownership in the property - and no "two lien" requirement is stated in the New York mechanics lien statute. Regarding what, exactly, the lien is filed on - that can be a little trickier. Generally, a mechanics lien on a co-op will act a lot like a mechanics lien for a tenant improvement in the state of New York. The lien claim will typically only attach to the unit where work was performed, if work was only done on an individual unit. And, that lien will typically tie to that unit-owner's interest in the property - not against the fee ownership of the building or land. That is, unless work was authorized or overseen by the co-op board - in that case, the fee ownership of the property may be subject to a lien claim.

Additional New York mechanics lien discussion

I hope this was helpful! For more clarity, it might be helpful to reach out to one of these New York Construction Payment Experts - such as Vincent Palacci. They will have more experience and expertise in dealing with mechanics liens and co-ops. For more on New York mechanics liens and liens on co-ops, these resources should also be valuable: - New York Co-op Mechanics Lien Discussion - New York Mechanics Lien Guide and FAQs - How to File a New York Mechanics Lien – Step By Step Guide to Get You Paid - Filing New York Mechanics Liens On Leased Property

1 person found this helpful

Helpful