By Adam Leitman Bailey and Dov Treiman In what is commonly known as an HP action, tenants can bring a court proceeding against a building owner asking the court to order the owner to make necessary repairs and correct code violations. However, in some circumstances, forcing an owner to make the ordered repairs could cause Full Article…
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Adverse Possession Changes Make Results Less Certain, New York Law Journal
By Adam Leitman Bailey and John Desiderio February 11th, 2009 On July 8, 2008, Governor Paterson signed into law S.7915-C, which amended New York’s adverse possession law, and two centuries of New York adverse possession doctrine came to an end. The new law is intended to prevent an absentee landowner from losing title to his Full Article…
Q & A: Frequent ‘Inspections’ Breed Skepticism, The New York Times, Speakers:Jay Romano
June 7th, 2012 Q I live in a rental apartment, and the landlord frequently needs access to my unit for “insurance inspections.” Today will be the fifth such inspection. He says there was flooding in another unit, which necessitates the inspections. They often occur with little notice, and he sometimes wants to do them late Full Article…
How a Condo Board Can Collect Arrears By Using a Little-Known Tool Called DILF, Habitat Magazine
Oct. 16, 2012 — With the recent economic downturn, condominium boards have been plagued by unit owners defaulting on their monthly common charge. With fewer unit-owners paying, boards are faced with the prospect of increasing common charges in order to collect the deficit from those owners in good standing — unless they can collect the Full Article…
Q & A: Are Landlords Really Responsible for Con-Ed’s Inability to Provide Power
Q: Are you saying that whenever a rent regulated tenant loses power because of a widespread power outage that the tenant is entitled to a rent abatement? A: It has nothing to do with rent regulation. It’s all about the warranty of habitability. As to a power outage, it depends on the duration. For a Full Article…
Q & A: Rule, but No Law, on Carpeting Requirements, The New York Times
By: Jay Romano December 7, 2012 Q. What are the requirements for carpeting in a standard apartment rental lease? What does “80 percent carpeting” mean? Do area rugs satisfy the requirement? A. Jeffrey R. Metz, a Manhattan real estate lawyer, says there are no legal requirements for carpeting in an apartment. “The ’80 percent rule’ Full Article…
Attorneys Answer Six More Questions Boards Have About Superstorm Sandy, Habitat Magazine
By Adam Leitman Bailey, Leonard H. Ritz and Dov Treiman Jan. 15, 2013 — In this second of two installments, leading real-estate attorneys answer more condo and co-op board members have been asking about what’s expected of them and of shareholders / unit-owners in the terrible aftermath of superstorm Sandy. Q: Does the Board have Full Article…
Finding Individual Tort Liability for Cooperative and Condominium Board Members, the Appellate Division Takes a Large Scalpel to Business Judgment Rule, Thompson Reuters News & Insight
By Adam Leitman Bailey, John M. Desiderio Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc.,1 held that the business judgment rule does not protect individual condo and co-op board members from personal tort liability where a board acting in its corporate capacity has acted in bad faith, but where it is not Full Article…