By: Adam Leitman Bailey & John M. Desiderio August 13th, 2014 Since at least as early as 1849, in the case of Dolittle v. Eddy,1 New York law has defined a license as the “authority to enter on the lands of another, and do a particular act or series of acts, without possessing any interest Full Article…
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Evicting a Tenant for Having Too Many Residents or Violating the Roommate Law
By: Adam Leitman Bailey & Dov Treiman For middle class American society, the idea of the minimum amount of space one would want to live in is vastly larger than standards accepted as absolutely normal in other times, places, and cultures. Consider that a 64 square foot igloo is commonly said to comfortably house five Full Article…
Non-Traditional Natural Relatives in Regulated Housing
By: Adam Leitman Bailey & Dov Treiman July 30th, 2014 When the Court of Appeals decided Braschi v. Stahl1 in 1989, many regarded it as purposed to give gay couples the same kind of protections that straight couples had in rent regulation, allowing one like a spouse to succeed to a tenancy as if he Full Article…
High Rent Vacancy: Not Actually Automatic Deregulation
By: Adam Leitman Bailey July 18th, 2014 Throughout the residential housing industry, there is dangerous ignorance of the amendments promulgated this year, amending the Rent Stabilization Code. All owners should be reading as much as possible about these amendments. Business is simply not the same as it was. One of the massive changes is in 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: Following the Rules for Subletting,The New York Times
By Adam Leitman Bailey October 2nd, 2009 Q. Can a landlord stop a tenant from sub- letting a rent-stabilized apartment? I’ve heard that a landlord can require a credit check and use this information to reject a subtenant. Is this true? A. Adam Leitman Bailey, a Manhattan real estate lawyer, said that under state law, Full Article…
Q & A: Individual Meters In a Rental Building, The New York Times, Jay Romano
By Adam Leitman Bailey November 13th, 2009 Q. Our landlord is installing individual electric meters in each apartment in our building, which has a mixture of regulated and nonregulated tenants. Each tenant will be paying for his or her own electricity, but at a lower-than- normal rate because of the large total consumption. Is this Full Article…
What You Must Know When Negotiating a Laundry Room Contract, New York Housing Journal
By Adam Leitman Bailey and Dov Treiman April 1st, 2009 It’s amazing how good building owners and managers are at increasing and garnering revenue from residential tenants while at the same time leaving themselves to the will and whim of laundry room operators who impose contracts lasting for decades with automatic renewals, rights of first Full Article…
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