I. General Overview Major Capital Improvement Increases (MCI’s) are a concept that parties can contract for if they are not subject to rent regulation. However, generally speaking, unregulated residential tenants rarely do contract for them. They are therefore, in a practical sense, uniquely belonging to the world of rent regulation and are a means whereby Full Article…
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Evicting a Tenant for Having Too Many Residents or Violating the Roommate Law
By: Adam Leitman Bailey & Dov Treiman For middle class American society, the idea of the minimum amount of space one would want to live in is vastly larger than standards accepted as absolutely normal in other times, places, and cultures. Consider that a 64 square foot igloo is commonly said to comfortably house five Full Article…
Q&A: Setting Aside Accessible Parking
By: Adam Leitman Bailey & John Desiderio August 1st, 2014 Q: Who owns the handicapped parking spaces set aside in the parking facility of a newly constructed condominium? Keeping it Accessible in Kings County A: “Sponsors of newly constructed condominiums are responsible for creating the condominium as a legal entity and for constructing the physical Full Article…
Non-Traditional Natural Relatives in Regulated Housing
By: Adam Leitman Bailey & Dov Treiman July 30th, 2014 When the Court of Appeals decided Braschi v. Stahl1 in 1989, many regarded it as purposed to give gay couples the same kind of protections that straight couples had in rent regulation, allowing one like a spouse to succeed to a tenancy as if he Full Article…
High Rent Vacancy: Not Actually Automatic Deregulation
By: Adam Leitman Bailey July 18th, 2014 Throughout the residential housing industry, there is dangerous ignorance of the amendments promulgated this year, amending the Rent Stabilization Code. All owners should be reading as much as possible about these amendments. Business is simply not the same as it was. One of the massive changes is in Full Article…
“Tenant Protection: Suggestions Offer Remedies for Harsh provisions,” New York Law Journal
By Adam Leitman Bailey and John M. Desiderio During the last five years, the pendulum of commercial leasing has begun to swing. At common law, the doctrine of “caveat emptor” governed commercial leasing. By the 1970’s, New York courts, relying on equitable principles, began to carve out exceptions to caveat emptor. 1 Equity gained greater Full Article…
What You Must Know When Negotiating a Rooftop Antenna Contract,” The Cooperator
By Adam Leitman Bailey and Dov Treiman September 1st, 2009 As the trilogy of real estate values rising, building usage changing, and cellphone and Internet communications became universal, wireless telecommunications companies became popular defendants in the Commercial Part of New York’s Civil Court. Owners began examining their rooftop antenna agreements to determine means to terminate Full Article…
BlumbergExcelsior Introduces Comprehensive New Sublease of a Cooperative Apartment in New York
Blumberg Excelsior Introduces Comprehensive New Sublease of a Cooperative Apartment in New York NEW YORK, NY – June 12, 2012 BlumbergExcelsior Inc., a leading supplier of online law forms, has introduced a new comprehensive sublease of a cooperative apartment in New York. The prominent real estate attorneys Adam Leitman Bailey, Leonard Ritz and Dov Treiman Full Article…
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