By Adam Leitman Bailey Q. Is it legal to live in a rent-stabilized apartment and to also own a co-op in the same building? A. “It is perfectly legal,” said Adam Leitman Bailey, a Manhattan real estate lawyer, “Where the writer could run into problems is with the doctrine of primary residence.” He said there Full Article…
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Corruption in Mitchell-Lama Co-ops! How Boards Can Fight Back: Part 1, Habitat Magazine
By Adam Leitman Bailey The New York City Mitchell-Lama program provides 54,000 homes to low-income buyers. And as with many things designed to aid the poor and the helpless — some of them uneducated, sometimes some of them old and frail, some of them optimistically naive — corruption pervades the process. Like grain shipments to 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.
Select Issues in Representing HPD Supervised Mitchell-Lama Cooperatives, New York Real Property Law Journal
By Adam Leitman Bailey New York City Mitchell-Lama cooperatives provide heavily publicly subsidized maintenance payments to those lucky enough to call them home. The New York City Mitchell-Lama program provides 54,000 homes to persons whose financial circumstances would otherwise negate such a possibility. As a result, Mitchell-Lama cooperatives are extremely popular and have decade long Full Article…
Board Turns Down Loan Refinancing, The New York Times
By Adam Leitman Bailey Q. I want to refinance the share-loan on my Manhattan co-op apartment. The refinance will be for the same amount as the original loan, but at a lower interest rate. When I bought the apartment, I financed 70 percent of the purchase price. The board will not approve the refinance, however, Full Article…
Condominium Conversion Reserve Fund Obligations, Real Estate Weekly
By Adam Leitman Bailey While sponsors of new construction condominiums have extensive obligations regarding the physical construction of their projects, Sponsors of condominium conversions really only have one material obligation (other than actually converting the form of ownership) — to provide sufficient funds to create reserves for capital repairs, improvements, and replacements required for the Full Article…
Q&A: Accessing Common Elements, The Cooperator
Q. In our parking garage we have access to a bike storage room and an outside bike rack that is next to a resident’s handicapped parking spot. Right now the only way to get to the bikes is to “trespass” over the parking spot. Our concern is that if someone parks a larger vehicle or Full Article…
Collecting Condo Arrears, Habitat Magazine
By Adam Leitman Bailey How can a condo collect common charges from defaulting unit-owners without spending a lot of time and money in court? Backstory with the recent economic downturn, condominium boards have been plagued by unit-owner common charge defaults. With fewer unit-owners paying their common charges, boards are faced with the prospect of increasing Full Article…
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