By Adam Leitman Bailey and Dov Treiman After extensive study, the federal Department of Housing and Urban Development has issued new rules under the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C 2601-2617, of 1996. The regulations represent a victory for borrowers since they will impose on lenders and their allies more pricing and product Full Article…
January 1st, 2013 We reviewed every Appellate Division case in the first eleven months of 2012. In raw count, the lenders beat the borrowers by a rough margin of 2:1, but that number does not necessarily reflect a swing in sensitivities. The appellate division decisions in 2012 showed strict application of the laws and notable Full Article…
By Adam Leitman Bailey and John M. Desiderio Land transfers date back to biblical times and have been the subject of an inordinate amount of litigation. Of course, the importance and value of land and the necessity for shelter might help to explain many of the disputes. Some, however, are due to human error, especially Full Article…
By Adam Leitman Bailey and John M. Desiderio Commercial landlords need relief. They are, and have been increasingly, frustrated by the procedural and substantive moves that determine (more often than not) the scope and duration of an eviction action in landlord-tenant litigation. A knowledgeable commercial tenant’s attorney, without any great effort, will readily employ defensive Full Article…
By Adam Leitman Bailey Property owners are losing time and money as a result of leases that could have been better drafted. Commercial property owners should be using leases that 1) maximize profits, 2) avoid lengthy court battles and 3) ameliorate the time and monetary losses suffered from a defaulting tenant. First, provisions should be Full Article…
If you’re like most owners, you’ve probably spent some time at the Environmental Control Board (ECB) fighting violations issued by the Department of Buildings (DOB). And you know it isn’t easy to beat those violations. That’s why it’s important to have as much ammunition as possible, to fight those violations successfully. To help you, ALI Full Article…
By Adam Leitman Bailey and Dov Treiman According to Forbes.com, Manhattan is one of the 10 most expensive places in the world to call home, and CB Richard Ellis’ “Global Market Rents Survey” places New York 12th on its list of the most expensive office markets, despite the extremely discounted price of the dollar. Nevertheless, Full Article…
By Adam Leitman Bailey Q. I rent a penthouse studio with a large terrace. There is major construction on the exterior of the building, making the terrace impossible to use. This was not a problem in January, when construction began and I wasn’t using the terrace. But now that the weather is warming, they are Full Article…
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