By: Adam Leitman Bailey July 30th, 2008 Without any riots, bloodshed, or major legislative changes, the overwhelming number of anti-landlord courts and decisions of the late 1970s to the mid-1990s have given way to new trends slowly wearing away at the rock of procedural and substantive protections meant to enable tenants to keep their tenancies Full Article…
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Take Six Steps to Reduce Risks of Self-Help Eviction, Professional Office Building Management
By: Adam Leitman Bailey June 1st, 2006 Many owners believe that the only way to get rid of a holdover tenant or a tenant that violates its lease is to sue to evict it, says New York attorney Adam Leitman Bailey. But, depending on what state law and tenants’ leases say, many owners may have Full Article…
“Discrimination: How Tenant Complaints Can Derail Eviction,” Finkelstein & Ferrara’s Landlord-Tenant Practice Report
By: Adam Leitman Bailey Many owners, managers and co-op boards assume that anti-discrimination laws apply only to screening and selecting new tenants and shareholders. In actuality, though, these Federal, State and local laws apply to all aspects of the landlord-tenant relationship. A tenant or shareholder may file a discrimination complaint with the U.S. Department of Full Article…
Self-Help Evictions: The Neglected Commercial Remedy, The New York Law Journal
By Adam Leitman Bailey and John M. Desiderio August 10th, 2005 Where the right to do so is expressly reserved in a commercial lease, a landlord may reenter the leased premises peaceably, without resort to court process, upon termination of the lease or upon the commercial tenant’s defaulting on payment of rent or other lease Full Article…
Use Get-Tough Lease Clauses to Discourage Chronic Late Rent Payments
By: Adam Leitman Bailey August 1st, 2005 It’s exasperating when a tenant repeatedly violates the lease by failing to pay its rent on time but then cures—that is, fixes—each violation by paying the late rent before it becomes a lease default. The worst thing is that you can’t break the cycle: You waste time and Full Article…
The First Rent Stabilization Overhaul in 14 Years
By: Adam Leitman Bailey & Dov Treiman April 23rd, 2014 On January 8, 2014, the DHCR issued the first amendments to the Rent Stabilization Code in some 14 years. The amendments, 27 of them, are a mixed bag of mere codification of judicial decisions, moving DHCR office practices actually into the Rent Stabilization Code, technical Full Article…
Deciding Whether to Amend Old Registrations
By: Dov Treiman March 29th, 2014 The recent amendments to the Rent Stabilization Code (RSC) have complicated an owner’s decision whether to amend old rent registrations. Here are a few new factors owners now have to consider: Will I have to start a DHCR proceeding? Under the recent RSC amendments, the automatic right to amend Full Article…
Litigating Against the New Transient Use Statute: The First Trials
As Environmental Control Board litigators, we know that every day is a new battle and we can never predict the result of a case, no matter how good the facts may be. And then of course, there’s the old saying that no one beats City Hall. Well, for us, we had to go higher and Full Article…
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