Adam Leitman Bailey, P.C., achieved complete victory in a hard-fought Manhattan Housing Court non-payment proceeding, winning a bench trial and obtaining a greater than $100,000 monetary and possessory judgment for its landlord client, while defeating the tenant’s laches and breaches of warranty of habitability defenses. Representing the landlord-owner of a Manhattan condominium apartment housing a Full Article…
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Escaping the Default Formula at the DHCR
In the past five years, we have had an increasing number of owners of rent stabilized buildings in New York City come to us in desperate need of help after receiving a “final notice” from the Division of Housing of Community Renewal of the State of New York (“the Division”). The “final notice” says that Full Article…
Adam Leitman Bailey, P.C. Prevails for Commercial Landlords Against Illegal Cannabis Shops
Illegal cannabis shops have been popping up all over New York City. Businesses are selling marijuana and various cannabis-related products without required licenses, including from New York’s Office of Cannabis Management. Such operations expose the landlords to liability, including, nuisance and criminal behavior around the premises interfering with other tenants; threats from various agencies such Full Article…
Adam Leitman Bailey, P.C. Wins Money Judgments in Supreme Court in Two Cases Defeating Commercial Tenants and Guarantors’ Efforts to File Late Answers
Representing two Manhattan commercial landlords, Adam Leitman Bailey, P.C. prevailed in two Supreme Court plenary actions, winning money judgments against commercial tenants and guarantors. In each case, the client entered into a commercial lease to rent a retail store in Manhattan. The lease was guaranteed by a personal good guy guaranty. Each tenant defaulted and Full Article…
Avoiding Usury: Determining the Maximum Interest That Can Be Legally Charged
Adam Leitman Bailey, Dov Treiman, and Danny Ramrattan discuss the limited applicability of usury defenses. They write: “In all, this area of the law is deceptively simple and the resolution of any case will require a close examination of the intricacies of the particular matter.” New York imposes two separate rates for determining usury, a Full Article…
A Comprehensive Guide to The Good Cause Eviction Laws
Introduction There has been quite a bit of attention in the Real Estate Industry paid to the “Good Cause Eviction Law” (GCE) signed into law on April 22, 2024. While the law gives a good deal of new paperwork for lawyers to complete when dealing with tenants, our office has developed procedures to make the Full Article…
Recently Passed Real Estate Nightmare Legislation
A review of some of the most noteworthy landlord-tenant related legislation of 2023 and early 2024 involving criminal background checks, stopping short-term tenancies, flood histories and rent regulation. While readers with differing interests will disagree about the cost/benefit effects of recent enactments (both legislative and regulatory) regarding the landlord-tenant relationship, all can agree that these Full Article…
New York Landlord Obligations in Notifying Residential Tenants of Flood Risk, History, and Insurance
Effective June 21, 2023, New York State Real Property Law (Section 231-B) has been amended to require landlords to disclose specific information regarding flood risk and history directly through their residential lease agreements. The statute covers residential leases, encompassing cooperative apartments, condominiums, and rental buildings. Additionally, landlords must include a notice in the lease about Full Article…
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