August 8th, 2007 Although beginning the process in 1848 [FN1] of leading the English speaking world in the development of civil procedure designed to achieve justice based on the deeds and misdeeds of the litigants, New York did not achieve any kind of genuine system to accomplish that goal until 1963. Under the civil practice Full Article…
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Squeezing Out Evidence of Apartment Overcrowding, Real Estate Weekly
By Adam Leitman Bailey and Dov Treiman March 19th, 2015 For middle class American society, the idea of the minimum amount of space one would want to live in is vastly larger than standards accepted as absolutely normal in other times, places, and cultures. Consider that a 64 square foot igloo is commonly said to Full Article…
Setting House Rules in ‘No Pet’ Buildings, The Cooperator
By Adam Leitman Bailey March 1st, 2014 Increasingly, those who manage residential rental, cooperative, or condominium apartment dwellings in New York are learning they must walk a fine line in setting house rules that govern the ownership and acceptance of animals in their buildings. Landlords, volunteer board members of cooperatives and condominiums, and the managing Full Article…
Owner Can’t Waive Illegal Sublet Claim, Chip Advisor
If you sure to evict a tenant for illegal subletting, the tenant may claim that by waiting too long to start the case, you waived your right to sue to evict the tenant for this reason. But, in a recent case handled by Manhattan attorney and CHIP member Adam Lietman Bailey, the court refused to Full Article…
‘Miller-Francis’: A Disturbance in the Force, New York Law Journal
By Adam Leitman Bailey and Dov Treiman April 9th, 2014 When the Empire destroyed the planet Alderaan in Star Wars IV, Obi-Wan Kenobi sensed “a great disturbance in the Force, as if millions of voices suddenly cried out in terror, and were suddenly silenced.” When the Appellate Division, First Department decided Miller-Francis v. Smith-Jackson,1 there Full Article…
The First Rent Stabilization Overhaul in 14 Years, New York Law Journal
By: Adam Leitman Bailey & Dov Treiman April 23rd, 2014 On Jan. 8, 2014, the Division of Housing and Community Renewal (DHCR) issued the first amendments to the Rent Stabilization Code in some 14 years. The amendments, 27 in all, are a mixed bag of regulatory changes ranging from the mere codification of judicial decisions, Full Article…
How to Win Eviction Case Against Tenant Who Overcharges Roommate, Apartment Law Insider
October 1st, 2006 If you discover that a rent-stabilized tenant is overcharging a roommate, you may be able to win the tenant’s eviction in housing court. But winning these types of eviction cases isn’t easy, says Manhattan attorney Adam Leitman Bailey. You have to prove that the tenant, in fact, has been charging the roommate Full Article…
The Fine Lines In Suing to Evict Tenants’ Families, The New York Law Journal
By: Adam Leitman Bailey & Dov Treiman July 2nd, 2007 When it comes to subletting, relatives are in an entirely different category than other persons. Relatives stand at the boundary line between family members who occupy the premises as an incident of the family relationship1 and strangers who bought into the right or privilege to Full Article…
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