By Adam Leitman Bailey and Dov Treiman Recent case law demonstrates that buyers of residential property with rent-regulated units have been blind-sided by financial risks arising from their attorneys’ ignorance of rent regulatory laws. Although many of these cases go unreported, the recent decision of Newport Partners v. DHCR,1 is typical of the hazards uninformed Full Article…
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Use Employee Log to Help Win Nonprimary Residence Case, New York Apartment Law Insider
Suppose you strongly suspect that one of your tenants isn’t a primary resident. After doing a little digging (either by yourself or with the help of a private investigator), you discover that most, if not all, of the time, the tenant isn’t living at the apartment. But you want some extra proof of this fact Full Article…
How to Win A Chronic Nonpayment Case, New York Housing Journal
By Adam Leitman Bailey, Dov Treiman & Carolyn Rualo Owners waste tons of money starting nonpayment cases and paying lawyers to prosecute these cases only to have the tenant pay on the eve of eviction and default again the very next month or months later. Most of the time, the legal fees and court costs Full Article…
Disabled Resident Parking Spaces: Issues for Condo/Co-op Boards, Developers, BNA Real Estate Law & Industry Report
Adam Leitman Bailey and John M. Desiderio discuss the handicap laws that boards must follow and their obligations to proved disabled parking spaces.
Rent Stabilization Constitutional? Not Now
By: Adam Leitman Bailey & Dov Treiman March 20th, 2012 When looking at Rent Stabilization from a constitutional point of view, two facts clearly emerge. First, as forty-year-old emergency legislation, it is clearly unconstitutional. Second, no judge subject to reelection or reappointment is going to agree with the first point. Thus, if anyone seeks to Full Article…
Q & A: When a Super Is a Requirement
By: Jay Romano October 20th, 2009 Q: Is there a New York City law that a co-op building must have a specific number of units to necessitate a live-in superintendent? A: Dov Treiman, a Manhattan real estate lawyer, said that under the New York City Administrative Code, any building with nine or more units must Full Article…
Economic Infeasibility: Rare Defense Requires Total Cooperation of Client
By: Adam Leitman Bailey & Dov Treiman March 14th, 2007 Landlords subjected to Housing Part proceedings1 to enforce building codes, where compliance will cause severe economic distress, may attempt to defend themselves by raising the so-called “economic infeasibility” defense, the essence of which is that the cost of correcting the cited code violations is likely Full Article…
Ex-Super Can’t Delay Eviction
Issue Date: April 2006, Posted On: 4/1/2006 Ex-Super Can’t Delay Eviction Gilanco Holdings, LLC v. Henriquez: Index No. 52089/06 (Civ. Ct. NY 3/6/06; Wendt, J) [2-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) Landlord sued to evict former building superintendent after the super’s employment was terminated. The court ruled Full Article…
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