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…
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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…
Understanding the Anti-Harassment Housing Laws in NYC
For the first time since the passage of the first anti-harassment housing law, a comprehensive review of those laws and their applicability, purpose, penalties, and dates of effectiveness have been explained and analyzed in detail. The authors have sought to educate practitioners and their clients on this vastly misunderstood body of law. One of the Full Article…
Buildings for Landlords: Want to End Short Term Rentals in Your Building? Get on the “Prohibited Buildings List”
On January 9, 2023, a new law known as Local Law 18, also known as the Short-Term Rental Registration law, became effective. This new law requires short-term rental hosts (rentals fewer than 30 consecutive days) to register their apartment with the Mayor’s Office of Special Enforcement (OSE) and receive a registration number. Booking services such Full Article…
Adam Leitman Bailey, P.C., Protects Landlord’s Rights Under a 25-Year Old Easement
Plaintiff bought a property in 1998; her deed included an easement retained by the vendor to permit access across its driveway to the loading dock of its then-neighboring warehouse “…for the purpose of permitting ingress and egress of persons and motor vehicles.…” Before 2012, Plaintiff was allowed to traverse Vendor’s driveway to park in the Full Article…
Despite Throwing the Kitchen Sink, Knives and Tables at the Landlord, Dinner is No Longer Being Served at This Restaurant —Eviction Ordered and Effectuated
In the realm of commercial real estate, disputes between landlords and tenants regarding nonpayment of rent can be intricate and demanding. The attorneys here at Adam Leitman Bailey, P.C. take pride in assessing these intricacies and obtaining favorable results for their clients. Representing the landlord in a commercial nonpayment proceeding against a restaurant tenant, and Full Article…
Adam Leitman Bailey, P.C. Prevails on Motion for Summary Judgment Against Commercial Tenant in Supreme Court Ejectment Action Under RPAPL Article 6
Through creative lawyering, Adam Leitman Bailey, P.C. found yet another way to win for its client. In this matter, Adam Leitman Bailey, P.C. was faced with a difficult situation while in midst of Covid—Adam Leitman Bailey, P.C.’s client, the landlord of a commercial property in Nassau County (the “Premises”), was at the mercy of its Full Article…
Adam Leitman Bailey, P.C. Wins Summary Judgment of Possession and a Warrant of Eviction in Terminated Superintendent Holdover Proceeding
In New York City, building superintendents often receive free live-in apartments in buildings they service for the duration of their employment. So long as no independent landlord-tenant relationship is created, the super and their family may live in the apartment while employed. They must vacate the apartment upon the termination of their employment. A Manhattan Full Article…
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