January 29, 2019 | New York Law Journal
The New Rules of Seeking a Buyout of a Rent-Regulated TenantIn 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 made landowners who seek to buy out the rights of tenants in occupancy face a minefield of requirements and restrictions.
By Adam Leitman Bailey and Dov Treiman
14 minute read
December 11, 2018 | New York Law Journal
New Rules of Substantial Rehabilitation to Remove Units from Rent RegulationIn their Real Estate Trends column, Adam Leitman Bailey and Dov Treiman discuss a pair of new decisions from the Appellate Term, First Department which have toughened the standards under which a landlord may claim a substantial rehabilitation exemption from rent stabilization, the effect of which may be to bring back into stabilization many buildings whose owners believed in good faith that their buildings were not regulated.
By Adam Leitman Bailey and Dov Treiman
12 minute read
October 09, 2018 | New York Law Journal
Pay When Paid, Limits and LimitationsAdam Leitman Bailey and Dov Treiman discuss “Pay-if-Paid” clauses in construction contracts and write: “Like many jurisdictions across the United States, New York outlaws Pay-If-Paid clauses, but, in New York's case, only indirectly.”
By Adam Leitman Bailey and Dov Treiman
12 minute read
June 12, 2018 | New York Law Journal
2017, The Year of Many New Landlord-Tenant LawsAdam Leitman Bailey and Dov Treiman discuss the many enactments related to harassment, bedbugs, and smoking, the first two of which expand tenants' rights and the final one intended to constrict them.
By Adam Leitman Bailey and Dov Treiman
1 minute read
May 02, 2018 | New York Law Journal
'Altman' Alters Vacancy DeregulationAdam Leitman Bailey and Dov Treiman discuss the recent landmark Housing Court case 'Altman v. 285 West Fourth LLC" where the Court of Appeals reversed the Appellate Division, First Department and deregulated thousands of New York City apartments.
By Adam Leitman Bailey and Dov Treiman
8 minute read
December 12, 2017 | New York Law Journal
Departmental Divide on Shareholder Family OccupancyAdam 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 family member for the family member's occupancy to be legal under the proprietary lease.
By Adam Leitman Bailey and Dov Treiman
10 minute read
October 10, 2017 | New York Law Journal
Sheltering the Homeless in Rent Stabilized UnitsAdam Leitman Bailey and Dov Treiman discuss how, with homeless populations continuing to swell and charitable organizations looking to help house them, a thorough understanding of the applicable principles of rent stabilization is becoming increasingly essential. They discuss the recent decision of the Appellate Term, First Department in '2363 ACP Pineapple v. Iris House,' which they find highlights practitioners' misunderstanding of the theoretical issues involved.
By By Adam Leitman Bailey and Dov Treiman
12 minute read
April 11, 2017 | New York Law Journal
A Practitioner's Guide to Understanding InterestIn their Mortgage Litigation column, Adam Leitman Bailey and Dov Treiman write: While on its surface, the concept of "interest" appears to be a simple matter of calculating a percentage of what someone owes, the legal development of interest in New York law shows far greater complexity beneath the surface and far greater importance in understanding the amount of money that can be charged and collected.
By Adam Leitman Bailey and Dov Treiman
28 minute read
October 11, 2016 | New York Law Journal
Post-Lease Expiration Nonpayment ProceedingsIn 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 has not been happening in the lower courts of the First Department who continue to adhere to a position contradicted by authority controlling in the Second and Third Departments: that summary nonpayment proceedings do lie after the expiration of a lease.
By Adam Leitman Bailey and Dov Treiman
25 minute read
June 08, 2016 | New York Law Journal
The Sound and the Fury: Noise in Rentals, Co-ops and CondosIn their Housing Litigation column, Adam Leitman Bailey and Dov Treiman discuss and explain the noise laws and remedies in New York.
By Adam Leitman Bailey and Dov Treiman
13 minute read
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