Representing the purchaser of a single-family Queens home after foreclosure, Adam Leitman Bailey, P.C. won summary judgment and dismissal of affirmative defenses with a judgment and warrant of eviction against the prior owner following a foreclosure sale. We commenced the summary eviction proceeding by filing a holdover petition after serving the prior owner with a requisite notice Full Article…
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Adam Leitman Bailey, P.C. Expeditiously Evicts Tenant in a Nonpayment Proceeding Seeking Arrears not Covered by ERAP
According to the Office of Temporary and Disability Assistance, a landlord who accepts funds from New York State’s Emergency Rental Assistance Program (ERAP) is prohibited from evicting a tenant for not paying rent during the period covered or for an expired lease during the 12 months following the receipt of such payment. While many tenants Full Article…
Adam Leitman Bailey P.C. Wins DHCR Proceeding Permitting Landlord to Decommission Rent Stabilized Tenant’s Fireplace
Representing a Manhattan landlord at the Division of Housing and Community Renewal (DHCR), Adam Leitman Bailey, P.C. obtained an order allowing the landlord to permanently decommission a residential rent-stabilized tenant’s fireplace in connection with the landlord’s construction of additional floors in the building. As a result of the landlord’s construction and the addition of several Full Article…
Adam Leitman Bailey, P.C. Creativity and Open Communication with Landlord Helps Commercial Bakery Survive/Profit During COVID-19
Our client is a very popular baker and seller of bread, bagels, and croissants. The bakery was founded in 1992 in Cape Cod, Massachusetts, just as a broader awareness and appreciation for quality artisan bread was blossoming on the East Coast. Its goal was to recreate the Old World traditions by using baking techniques and Full Article…
Representing a Mitchell-Lama Cooperative, Adam Leitman Bailey, P.C. Secures Surrender of Multiple Apartments in Non-Primary Residence Cases
Cooperative apartment buildings in New York governed by Mitchell-Lama Rules are required to ensure residents’ compliance with the rules. Akin to rent stabilization and rent control laws, shareholders must primarily reside in the apartment and may not generally sublet their apartment. When suspecting rules violations, management investigates whether unauthorized occupants are present in the apartment Full Article…
Representing a Mitchell-Lama Cooperative, Adam Leitman Bailey, P.C. Secures Surrender of Multiple Apartments in Non-Primary Residence Cases
Cooperative apartment buildings in New York governed by Mitchell-Lama Rules are required to ensure residents’ compliance with the rules. Akin to rent stabilization and rent control laws, shareholders must primarily reside in the apartment and may not generally sublet their apartment. When suspecting rules violations, management investigates whether unauthorized occupants are present in the apartment Full Article…
Summer Rental Exception to the Housing Stability and Tenant Protection Act
On June 14, 2019 the Housing Stability and Tenant Protection Act (HSTPA) was enacted into law, making historically sweeping reforms to New York’s rent laws. Amongst these changes were the amendments to §7-108 of the General Obligations Law (“GOL”) contained in Part M of the HSTPA which took effect July 30, 2019. The new law Full Article…
Eviction Moratorium No Obstacle For Adam Leitman Bailey, P.C. Against A Would-Be Tenant Who Never Paid Rent, Ever
If a landlord peruses the New York real estate headlines today, she might come away thinking that it is absolutely impossible to obtain an eviction of a tenant in the aftermath of the outbreak of COVID-19 and the continuing moratorium on evictions throughout the state of New York. With record growth in job production, new Full Article…
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