Adam Leitman Bailey Articles

Adam Leitman Bailey Articles

An online resource of real estate law articles

  • Home
  • Real Estate Q & A

Adam Leitman Bailey, P.C. Obtains Possessory Judgment in Ejectment Action Based Upon Fraudulent Conspiracy

  • Dov Treiman, Jennifer Milosavljevic

Adam Leitman Bailey, P.C. was able to obtain a possessory judgment against two defendants in an ejectment action involving a widespread fraudulent conspiracy with respect to the Low Income Housing Tax Credit Program (LIHTC) the Plaintiff Building was partaking in. The Building was developed and financed in order to comply with a Real Estate tax-exemption program under Section 421-a of the Real Property Tax Law (the “421-a” Program). Under its HFA Regulatory Agreement, the LIHTC Program, and the 421-a Program, there were certain technical requirements that Projects must meet to remain in conformance with the requirements of the law.

The Regulatory Agreement mandates that a certain percentage of the Building’s tenants must meet certain income ceilings and other eligibility requirements with respect to the low-income units. Failure to abide by thesecan lead to significant violations of Federal Tax Laws and, if left undealt with, could entail substantial losses for the Owner.

The Plaintiff hired an outside company to ensure compliance with these agreements. One of the defendants was an employee of said company responsible for the enrollment, waiting list, interview and eventual leasing processes for qualified individuals.That employee entered into a fraudulent conspiracy with the other Defendants to rent apartments to persons who did not meet the qualifications and were not on the established waiting list, including the father of her children whom she illegally placed as a resident in the building.

Adam Leitman Bailey was successful in expeditiously obtaining a possessory judgment against both defendants and direction for the court to determine monetary damages.

Jennifer Milosavljevic of the Landlord and Tenant Practice Group and Dov Treiman, its chair, obtained this order without putting the client to the expense of a trial.

Tags: Adam Leitman Bailey, Landlord and tenant, Real estate

ARTICLES BY TOPIC

  • Appellate Litigation
  • Buyouts and Sale of Apartment Lease
  • Commercial Landlord Representation
  • Commercial Leasing Services
  • Commercial Tenant Representation
  • Condominium & Cooperative Board & Building Representation
  • Condominium & Cooperative Litigation
  • Condominium & Cooperative Owner & Shareholder Representation
  • Condominium & Cooperative Representation
  • Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions
  • Division of Housing and Community Renewal (DHCR)
  • Fire and Building Violations
  • Foreclosure Litigation Group
  • Homeowner and Tenant Associations
  • Insurance Defense Litigation
  • Landlord Representation
  • About Mitchell-Lama/ Housing Development Fund Corporation (HDFC) & Third Party Transfer Representation
  • Mortgage Finance Practice Group
  • Purchase & Sale of Homes
  • Purchase and Sale of Multi-Family Dwellings and Buildings
  • Real Estate Administrative Proceedings/Environmental Control Board
  • Real Estate Litigation
  • Tenant Representation
  • Q & A
  • Title Insurance Claims Group

RECENT POSTS

  • Adam Leitman Bailey, P.C. Defeats Summary Judgment by Long-Term Squatter Claiming Adverse Possession to Part of its Client’s Commercial Building
  • Escaping the Default Formula at the DHCR
  • Adam Leitman Bailey, P.C. Forces Cooperative to Approve Alteration Plans and Settles Discrimination Lawsuit
  • Adam Leitman Bailey, P.C. Secures Dismissal of Claims Against Individual Sponsor Principals in a Construction Defects Litigation
  • Adam Leitman Bailey, P.C. Successfully Defeats Former Co-Op Board President’s Attempt to Enjoin Certification of Board Election Results and to Require New Election

TOP CONTRIBUTORS

Adam Leitman Bailey

Dov Treiman

John Desiderio
  • Popular
  • Comments
  • Tags
  • FDA’s Poison Prevention Packaging Rule: A Bitter Pill the FDA is Forced to Swallow
  • The New Rules of Seeking a Buyout of a Rent-Regulated Tenant
  • Rules Governing Anticipatory Repudiation of Contracts
  • New Rules of Substantial Rehabilitation to Remove Units from Rent Regulation Part II
  • Building Sold Before Violation Notice Issued
  • Public Health and Law : Assignment Essays | Assignment Essays: […] FDA’s Poison Prevention Packaging ...
  • Public Health and Law : Solution Essays - Solution Essays: […] FDA’s Poison Prevention Packaging ...
  • Who are the parties in the case and what are their respective interests? - Excelwriters: […] FDA’s Poison Prevention Packaging ...
  • Nutritional Health Alliance v. Food and Drug Administration - Longbeach Writers: […] FDA’s Poison Prevention Packaging ...
  • Public health and law | Law homework help – Hero Papers: […] FDA’s Poison Prevention Packaging ...
Adam Leitman Bailey apartment rent Appellate Division Case Co-op board member rights Co-op issues commercial landlord commercial lease commercial tenant condominium Condominium & Cooperative Representation contract cooperative board court of appeals Dov Treiman foreclosure Foreclosure law foreclosure litigation group Home purchase Insurance Jeffrey Metz John Desiderio landlord Landlord and tenant landlord law Landlord Representation Lease Lease Provision License Agreement Mortgage New Construction Representation nonprimary residence NY state law property owner Purchase & Sale of Homes Real estate real estate litigation rent Rent stabilization rent stabilized Rosemary Liuzzo Mohamed RPAPL tenant law tenant rights violation notice

Read more from Adam Leitman Bailey

Huffington Post

The Cooperator

Apartment Law Insider

Commercial Observer

Adam Leitman Bailey, P.C.

Twitter Twitter

Follow @alb_pc on Twitter

Twitter Twitter

Follow @Aleitmanbailey on Twitter

LinkedIn

Adam Leitman Bailey on LinkedIn

Adam Leitman Bailey, P.C. on LinkedIn

Adam Leitman Bailey Articles © 2025. All Rights Reserved.

Powered by WordPress. Designed by Woo Themes