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…
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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…
Departmental Divide on Shareholder Family Occupancy
December 12, 2017 By Adam Leitman Bailey and Dov Treiman Adam Leitman Bailey and Dov Treiman discuss a split among the First and Second Department Appellate Divisions on their interpretations of a common clause in proprietary leases for cooperative apartments relating to whether a proprietary lessee must live in the apartment simultaneously with a close Full Article…
“Tenant Protection: Suggestions Offer Remedies for Harsh provisions,” New York Law Journal
By Adam Leitman Bailey and John M. Desiderio During the last five years, the pendulum of commercial leasing has begun to swing. At common law, the doctrine of “caveat emptor” governed commercial leasing. By the 1970’s, New York courts, relying on equitable principles, began to carve out exceptions to caveat emptor. 1 Equity gained greater Full Article…
Q & A : Breaking a Lease Over Unlivability, The New York Times
By JAY ROMANO Q I rent an apartment in a building heavily affected by the hurricane — there was no power for several days, and the management is citing extensive damage to the elevators and heating system, and cannot give any reasonable estimate as to when the building will be fit for occupancy. My apartment is on Full Article…
Five NYC Laws Your Landlord Doesn’t Want You To Know
Friday, November 16, 2012, by Jeremiah Budin As many Zone A inhabitants can surely attest to, knowing your rights as a renter is never a bad thing. But, while the Warranty of Habitability is certainly important, it’s not the only law that could come in handy for a renter. Here are five things your landlord Full Article…
Q & A: How to Prepare for a New Landlord, The New York Times
By Dov Treiman Q. The multifamily house that I rent in has been sold. What documentation should be drawn to show that the lease and the security deposit have been transferred? My lease had a two-month deposit requirement.
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