July 12, 2019 The recently enacted Housing Stability and Tenant Protection Act of 2019, which Gov. Andrew Cuomo signed into law on June 14, 2019, has now completely abrogated the no-mitigation rule in the context of residential leases. In 1995, the Court of Appeals in Holy Properties Ltd., L.P. v. Kenneth Cole Productions, 87 N.Y.2d 130 Full Article…
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New Rules of Substantial Rehabilitation to Remove Units from Rent Regulation Part II
By Adam Leitman Bailey Assuming the criterion that the building is substandard or deteriorated has been met, this means that it has conditions that are in violation of law. In New York City, this creates an automatic right by the landlord to have access to the apartment for purposes of curing these violations, that is, to Full Article…
Rules Governing Anticipatory Repudiation of Contracts
By John Desiderio June 11, 2019 In the practice of real estate law today, very few legal issues are getting as much attention and at the same time being applied incorrectly by practitioners as anticipatory repudiation (or breach) of contract. In this article, John Desiderio discusses the rules of anticipatory repudiation and attempts to discard Full Article…
The New Rules of Seeking a Buyout of a Rent-Regulated Tenant
By Adam Leitman Bailey and Dov Treiman January 29, 2019 The New Rules of Seeking a Buyout of a Rent-Regulated Tenant In their Rent Regulation column, Adam Leitman Bailey and Dov Treiman discuss how recent changes to the New York City Administrative Code along with a recent decision in the Appellate Term, First Department, have Full Article…
Pay When Paid, Limits and Limitations
By Adam Leitman Bailey and Dov Treiman October 10, 2018 Adam Leitman Bailey and Dov Treiman discuss “Pay-if-Paid” clauses in construction contracts and write: “Like many jurisdictions across the United States, New York outlaws Pay-If-Paid clauses, but, in New York’s case, only indirectly.” Construction projects entail financial risk—risks for the owners of the property, risks Full Article…
The New World of Prescriptive Easement Cases
By Adam Leitman Bailey and John M. Desiderio April 10, 2018 In their Land Use column, Adam Leitman Bailey and John M. Desiderio discuss how New York appellate courts determine whether or not a party is entitled to claim a prescriptive easement over another party’s land, and review a number of recent cases and claims. These Full Article…
Negotiating RPAPL §881 License Agreements
By Adam Leitman Bailey, John M. Desiderio, and Joanna Peck Feb 20, 2018 Adam Leitman Bailey, John Desiderio, and Joanna Peck discuss practical considerations for parties to consider when negotiating RPAPL §881 licensing agreements, noting that although §881 was once described as a “little-used law” it is now required reading for all attorneys with developer Full Article…
When Should a Landlord Hire a Lawyer?
November 14, 2017 By Adam Leitman Bailey When 8.5 million people are living vertically in a city that’s only 22.7 square miles large, landlord–tenant battles and tenant versus tenant wars are a daily occurrence. All landlords should hire a lawyer when a tenant fails to pay rent, properly take care of the property, when any Full Article…
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