EX-5.1 2 exhibit51-sx8pos.htm EXHIBIT 5.1 Exhibit



Exhibit 5.1


BRT Apartments Corp.
60 Cutter Mill Road, Suite 303
Great Neck, NY 11021



April 26, 2017




Board of Directors
BRT Apartments Corp.
60 Cutter Mill Road, Suite 303
Great Neck, NY 11021

Gentlemen:

As Senior Counsel of BRT Apartments Corp., (the “Company”), I have participated in the preparation of a Post-Effective Amendment No. 1 to Registration Statement on Form S-8 to be filed with the Securities and Exchange Commission (“Commission”) pursuant to the Securities Act of 1933, as amended (the “Registration Statement”), with respect to the registration of 600,000 shares (“Shares”) of common stock, par value $0.01 per share, of the Company. The Shares subject to the Registration Statement are to be issued under the Company’s 2016 Incentive Plan (the “Plan”).

I have examined and am familiar with (i) the Company's Articles of Incorporation, (ii) the Company’s By-laws, (iii) the corporate proceedings relating to the Registration Statement and the Plan, and (iv) the Registration Statement. Upon the basis of the foregoing, and having satisfied myself as to such other matters of law and fact as I consider relevant for the purposes of this opinion, I advise you that, in my opinion, the Shares will be, when issued and paid for in accordance with the terms of the Plan, legally issued, fully paid and non-assessable.

I hereby consent to the filing of this opinion as an exhibit to the Registration Statement. In giving such consent, I do not thereby admit that I am an “expert” within the meaning of the Securities Act of 1933, as amended, or the rules and regulations of the Commission issued thereunder with respect to any part of the Registration Statement, including this exhibit.

I note that I may be deemed to beneficially own 450,809 Shares of the Company.

Very truly yours,
 
/s/ Simeon Brinberg
Simeon Brinberg, Esq.
Senior Counsel