By Adam Leitman Bailey and Dov Treiman Q: Is there any difference in the law between how regulated and unregulated apartments are handled when the tenant cannot live there because of storm damage? A: Rent regulation makes almost no difference in the legal treatment of storm damaged or destroyed apartments. In unregulated apartments, the lease Full Article…
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Q&A: ‘Great’ Condo, With Stabilized Tenant
By JAY ROMANO January 25th, 2013 Q. I have found a great condominium to buy, but it is occupied by a rent-stabilized tenant. The broker says I would need to renew the lease every time the tenant wanted it renewed. I’ve read, though, that if an owner wants to use the unit for himself after purchase, Full Article…
Q&A: Questions About a Washing Machine
By: Jay Romano January 4th, 2013 Q. I am on the board of a Brooklyn co-op. One of the rent-controlled tenants in the building has had a washing machine in her apartment since she moved in. Such appliances are prohibited by the co-op because of the age of the building’s plumbing system. Can the building require the Full Article…
The Eviction of A Night Club: Using Aggressive Lawyering, Creative Legal Theories and Impressive Evidence Results in Lease Surrender, Money Judgment and Payment of Legal Fees
Adam Leitman Bailey, P.C.’s (“ALBPC”)’s client, a property owner, was plunged into a case involving a popular night club where two high profile murders occurred while the New York Giants were celebrating their Super Bowl victory and many professional basketball players celebrated the end of the basketball strike. The landlord hired Adam Leitman Bailey, P.C. Full Article…
Adam Leitman Bailey, P.C., Successfully Defends Against Niece’s Succession Claim to Regulated Apartment
When an occupant of a governmentally regulated apartment claims succession rights to the apartment, but does not fall into one of the statutorily defined “familial relationships” with the tenant of record, in addition to proving a minimum of two-year’s co-residency, the occupant is required to prove an emotional and financial commitment and interdependence with the Full Article…
Mystery Solved: The Eviction of a Restaurant Without Anonymous Owner
A restaurant and bar had not paid rent for over 6 months. A previous eviction attempt had been defeated in court by a tenant who had nothing to defend with other than a host of technical flaws in an earlier case. It was thus apparent that absolutely every detail down to the last comma was Full Article…
Q & A: No Dogs for Condo Renters
By JAY ROMANO Q. I own in a condo building that allows only owners to have dogs. Renters have been circumventing the rule by submitting a note from a therapist to the management company saying the dog is part of their therapy. Is it true that a condominium can be kept from enforcing its rules by Full Article…
Adam Leitman Bailey, P.C., Uses Social Media to Prove that Tenant Was Not Using Apartment as Primary Residence
Entitlement to a governmentally regulated apartment is strictly governed by statute and a tenant of such an apartment is required to utilize it as his or her primary residence in order to continue to receive the benefit. Recently, Adam Leitman Bailey, P.C., was called upon to investigate and demonstrate that a granddaughter—who had previously Full Article…
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