By Adam Leitman Bailey Q. I know that the city’s lead-based paint law requires me to keep the lead-based paint notices I get back from tenants for 10 years. But what about the window guard notices returned by tenants. Am I legally required to keep those returned window guard notices and, if so, for how Full Article…
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How to Win Eviction Case Against Tenant Who Overcharges Roommate, New York Apartment Law Insider
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 more than what’s Full Article…
Pitfalls for Buyers: Careful Drafting, Detailed Inquiries Minimize Risk, New York Law Journal
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…
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…
Post-Sandy Legal Advice on Real Estate, Insurance and Property Issues
Dear Clients, These are trying times and they are testing our character and spirits. We shall overcome this and come back stronger. As your lawyers, we are honored to be able to assist you during these trying times. From both on the ground with reinforcements to our legal advice and notices like the one below, Full Article…
How to Maximize Your Insurance Coverage and Governmental Assistance Post-Sandy
By Adam Leitman Bailey & Colin Kaufman NOTE that this is general information which may apply to you, but is not a substitute for discussing your individual situation with your lawyer and/or insurance broker. You should be aware that there are strict time limitations which may apply. Q: How do I know if my home Full Article…
Finding Individual Tort Liability for Board Members, New York Law Journal
By Adam Leitman Bailey and John M. Desiderio Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc.,1 held that the business judgment rule does not protect individual condo and co-op board members from personal tort liability where a board acting in its corporate capacity has acted in bad faith, but where it is Full Article…
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