Under New York law, if a landlord obtains J-51 tax benefits from New York City, the landlord must treat its tenants as rent stabilized. In this case, the owner failed to do so and for years treated our client as deregulated and charged rents exceeding that allowable under rent stabilization. Our client commenced a rent Full Article…
Adam Leitman Bailey, P.C. Defeats Landlord’s Partial Summary Judgment Motion Amidst Overlapping Claims in Parallel Holdover Proceeding
Adam Leitman Bailey, P.C. was retained by a tenant to defend him in a summary holdover proceeding. The proceeding, however, was far from a garden variety holdover proceeding predicated upon the termination of a long-term month-to-month tenancy. Instead, the Landlord here was so enraged by the Tenant’s exercise of his lawful right in applying for Full Article…
Adam Leitman Bailey, P.C. Defeats Motion For Default And Contempt, As Well As Oath Summons, Despite Eleventh Hour Retention
On a street in Harlem known worldwide for the performance and production of music, an upstart hometown music recording studio was embroiled in a dispute with its neighbor who complained the performance and production of his music was causing damages to his quality of life. The dispute heated up and litigation was commenced by the Full Article…
Summer Rental Exception to the Housing Stability and Tenant Protection Act
On June 14, 2019 the Housing Stability and Tenant Protection Act (HSTPA) was enacted into law, making historically sweeping reforms to New York’s rent laws. Amongst these changes were the amendments to §7-108 of the General Obligations Law (“GOL”) contained in Part M of the HSTPA which took effect July 30, 2019. The new law Full Article…
Adam Leitman Bailey, P.C. Defeats Motion For Default And Contempt, As Well As Oath Summons, Despite Eleventh Hour Retention
On a street in Harlem known worldwide for the performance and production of music, an upstart hometown music recording studio was embroiled in a dispute with its neighbor who complained the performance and production of his music was causing damages to his quality of life. The dispute heated up and litigation was commenced by the Full Article…
Developments in Loft Law Case Law and Legislation
Although the rights and laws of loft law owners are being debated in the halls of the legislature as we write, no field of law has seen a greater slowing in development than Loft Law landlord-tenant rights. However, that does not change the fact that there have been such developments, both legislatively and in the Full Article…
State Legislature Restores Rights of Private Cooperatives That Were Formally Prohibited Under the House Stability and Tenant Protection Act of 2019
On June 14, 2019, the Governor signed into law the most sweeping changes to landlord tenant laws of a generation. While tenant advocates saw this law as a major victory, landlords decried it as heavily destructive of the profitability of private land ownership. Particularly hard hit were landlords outside of New York City who had Full Article…
Adam Leitman Bailey, P.C. Defeats Dismissal Motion, Wins Summary Judgment in Commercial Non-Payment Proceedings during COVID-19
Representing a commercial landlord in two highly contested summary non-payment proceedings, Adam Leitman Bailey, P.C. defeated the tenant’s motions for summary judgment and dismissal and won summary judgment awarding the landlord possessory and monetary judgments. The cases involved two adjacent spaces on the ground floor of a commercial building located in the Port Morris area Full Article…