If you sure to evict a tenant for illegal subletting, the tenant may claim that by waiting too long to start the case, you waived your right to sue to evict the tenant for this reason. But, in a recent case handled by Manhattan attorney and CHIP member Adam Lietman Bailey, the court refused to Full Article…
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‘Miller-Francis’: A Disturbance in the Force, New York Law Journal
By Adam Leitman Bailey and Dov Treiman April 9th, 2014 When the Empire destroyed the planet Alderaan in Star Wars IV, Obi-Wan Kenobi sensed “a great disturbance in the Force, as if millions of voices suddenly cried out in terror, and were suddenly silenced.” When the Appellate Division, First Department decided Miller-Francis v. Smith-Jackson,1 there Full Article…
The First Rent Stabilization Overhaul in 14 Years, New York Law Journal
By: Adam Leitman Bailey & Dov Treiman April 23rd, 2014 On Jan. 8, 2014, the Division of Housing and Community Renewal (DHCR) issued the first amendments to the Rent Stabilization Code in some 14 years. The amendments, 27 in all, are a mixed bag of regulatory changes ranging from the mere codification of judicial decisions, Full Article…
How to Win Eviction Case Against Tenant Who Overcharges Roommate, Apartment Law Insider
October 1st, 2006 If you discover that a rent-stabilized tenant is overcharging a roommate, you may be able to win the tenant’s eviction in housing court. But winning these types of eviction cases isn’t easy, says Manhattan attorney Adam Leitman Bailey. You have to prove that the tenant, in fact, has been charging the roommate Full Article…
The Fine Lines In Suing to Evict Tenants’ Families, The New York Law Journal
By: Adam Leitman Bailey & Dov Treiman July 2nd, 2007 When it comes to subletting, relatives are in an entirely different category than other persons. Relatives stand at the boundary line between family members who occupy the premises as an incident of the family relationship1 and strangers who bought into the right or privilege to Full Article…
Q&A: Question of Ownership, The Cooperator
By Adam Leitman Bailey April 1st, 2014 Q: On the stock certificate for our co-op, it just lists “John & Jane Smith.” Does that mean we own it “tenants by entirety” or “tenants in common?” If we want “tenants by entirety,” do we need to have it re-issued to state so? —Stocking Up A:“It depends Full Article…
Lessons from SuperStorm Sandy: Issues Facing Cooperative and Condominium Boards and Managers, The Cooperator
By Adam Leitman Bailey April 1st, 2014 Most buildings in flood zone areas already maintained flood insurance as a result of lender requirements and therefore were covered by Sandy. The biggest surprise was those persons who use their homes as home offices or the building rents out office space and maintained business interruption insurance only Full Article…
Sidewalk Doesn’t Include Curbstone, Court Says, Apartment Law Insider
July 1st, 2006 A recent Kings County court ruling may help you avoid liability under the city’s sidewalk law (Section 7-210 of the city’s Administrative Code). That law requires owners to maintain the sidewalks abutting their buildings in a safe condition and makes owners of buildings with four or more apartments exclusively liable for any Full Article…