January 16, 2018 By Adam Leitman Bailey and Dov Treiman 2017 was an astounding year in New York City real estate. Especially on August 9, 2017, but to become effective at scattered times over the ensuing year, the City Council enacted numerous provisions falling into three distinct areas: general property owner/landlord and shareholder/unit owner/tenant relations, Full Article…
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How to Navigate HPDʼs Alternative Enforcement Program
November 1, 2017 The New York City Department of Housing Preservation and Development (“HPD”), touts its Alternative Enforcement Program (“AEP”), which was established in 2007, as one of the City’s “most effective enforcement tools for addressing distressed properties.” In theory, AEP’s fundamental purpose is to combat the City’s urban blight by forcing building owners to Full Article…
Sheltering the Homeless in Rent-Stabilized Units
October 10, 2017 By Adam Leitman Bailey and Dov Treiman As the city of New York seeks to phase out its use of rent-stabilized apartments as shelters for homeless people,1 the organizations that administer this program struggle for funding, and the courts struggle to find the correct theoretical framework to determine if the units are still Full Article…
A Practitioner’s Guide to Understanding Interest
April 12, 2017 By Adam Leitman Bailey and Dov Treiman While prohibited in some religious traditions,1 interest is one of the most pervasive concepts in the American economy. Seemingly simple on its surface, it presents a bewildering amount of complexity as soon as one digs into its legal implications. Real Estate practitioners must know the Full Article…
Post-Lease Expiration Nonpayment Proceedings
In their Housing Litigation Column, Adam Leitman Bailey and Dov Treiman write: As a general rule of thumb, when there is a definitive appellate pronouncement on a principle of law in one judicial department and the other departments are silent, the other departments will follow the departments who have spoken to the issue. However, this Full Article…
The Sound and the Fury: Noise in Rentals, Co-ops and Condos
By Adam Leitman Bailey and Dov Treiman As New York City experiences ever denser housing, the problems with noise laws resound ever more clearly. The noise has gotten louder for many reasons. First more families have chosen to reside in this city and one of the loudest and unrepresented group of violators has been screaming Full Article…
Residential Leases Now Require Sprinklers
By Adam Leitman Bailey Effective December 3, 2014, all residential leases in New York State now require a notice to residential tenants about the presence of absence of sprinkler systems in the “leased premises.” The new law, however, while defining what a sprinkler system is, does not define what a “lease” is or what “premises” Full Article…
Understanding Single-Room Occupancy Laws – Part II
By Adam Leitman Bailey and Dov Treiman Part II Certificate of No Harassment The obtainment of a certificate of no harassment is the gateway into turning a highly regulated, alteration-prohibited building into a free-market class A multiple dwelling. It should be noted that even after a certificate is granted, any current tenants retain their rent-regulated Full Article…
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