By: Solomon Chouicha Governor Hochul recently signed into law an amendment to Real Property Law Section 235-j concerning landlords’ duty to notify its tenants of bedbug infestations. Previously, the law required landlords to notify tenants of such infestations within 24 hours of the landlord receiving knowledge of an infestation. The amendment modifies the notification requirements. Full Article…
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Adam Leitman Bailey, P.C. Fights to Recover Property from Baseless Rent Control Succession Claims
Adam Leitman Bailey, P.C. is on the verge of securing a landlord’s property over hotly contested, false claims of succession by the former rent-controlled tenant’s grandson. After three days of trial with 12 claimant witnesses in play, final closings are set so that, as appears inevitable, the Court can finally reject claimant’s specious assertions and Full Article…
Adam Leitman Bailey, P.C., Obtains Dismissal of HP Proceedings and Wins Access Holdover Proceeding Against Nightmare Rent Controlled Tenant
In New York City, residential leases generally require tenants to provide their landlords access to apartments to inspect, or to perform needed repairs and improvements. The Housing Maintenance Code prohibits tenants from refusing an owner or their agents access to an apartment to make repairs or improvements or to inspect the apartment to determine compliance Full Article…
Phony Tenants Evicted
In a building with tax breaks dependent on tenants meeting certain income limits, several tenants conspired with an outside screening agent to phony up their income records along with their placement on the waiting list for the building. Through this scheme, they got their apartments. However, the Attorney General’s Office became aware of this scheme Full Article…
Adam Leitman Bailey, P.C. Defeats a Post-Eviction Order to Show and Secured a Mitchell-Lama Coop’s Right to Recover Possession of a Unit
Our client is a Mitchell-Lama Coop in Brooklyn, several of the residents are elderly and are holocaust survivors. We commenced a nonpayment eviction proceeding in Brooklyn Housing Court in November 2022, and we were able to secure a final judgment against the shareholder in May 2024. Thereafter, the shareholder’s guardian ad litem and daughter filed Full Article…
Escaping the Default Formula at the DHCR
In the past five years, we have had an increasing number of owners of rent stabilized buildings in New York City come to us in desperate need of help after receiving a “final notice” from the Division of Housing of Community Renewal of the State of New York (“the Division”). The “final notice” says that Full Article…
Avoiding Usury: Determining the Maximum Interest That Can Be Legally Charged
Adam Leitman Bailey, Dov Treiman, and Danny Ramrattan discuss the limited applicability of usury defenses. They write: “In all, this area of the law is deceptively simple and the resolution of any case will require a close examination of the intricacies of the particular matter.” New York imposes two separate rates for determining usury, a Full Article…
Adam Leitman Bailey, P.C. Settlement Negotiations Save NYC Owner Hundreds of Thousands of Dollars in Rent Overcharge Class Action Case
Since the surge of tenant class action rent overcharge cases began circa 2017, Adam Leitman Bailey, P.C., has defended a number of the targeted NYC owners of buildings who participated in the J-51 tax exemption and abatement program and did not, for one reason or another, immediately re-regulate units after the 2009 Court of Appeals Full Article…
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