In cases where building management and the unit owner disagree on who bears responsibility for making the repairs and/or who bears the repair costs, the attorney’s role, whether in representing the cooperative or condominium board on the one side or the opposing apartment shareholder or condominium residential or commercial unit owner on the other, is Full Article…
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Co-ops Are Exempted From The 2019 Housing Stability Tenant Protection Act
As many know, on June 14, 2019, then Governor Andrew Cuomo signed into law a massive overhaul of landlord-tenant laws throughout the State of New York, known as The Housing Stability Tenant Protection Act (HSTPA). Among other things, these new laws made rent regulation – rent control, rent stabilization, and the Emergency Tenant Protection Act Full Article…
Adam Leitman Bailey, P.C. Gets Back Terrace Space Belonging to Client
Adam Leitman Bailey, P.C. was retained by the unit owner of a new construction condominium in upper Manhattan in connection with a dispute concerning the size of the unit owner’s terrace. In particular, the amount of “as built” terrace area owned by our client was approximately 85 square feet (SF) larger than the area that Full Article…
2017, The Year of Many New Landlord-Tenant Laws
By Adam Leitman Bailey and Dov Treiman June 12, 2018 Adam 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. On Aug. 9, 2017 and in the ensuing months, becoming effective at scattered times over Full Article…
When Can Condo and Co-op Boards Fine the Owners and Residents?
January 30, 2018 By Adam Leitman Bailey and John M. Desiderio Adam Leitman Bailey and John M. Desiderio review the authority given to boards of condominiums and cooperative corporations to impost and enforce respectively on condo unit owners and cooperative shareholder-tenants who violate building house rules. This article will review the authority given to boards 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…
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…
The State of the Business Judgment Rule Appellate Court Rulings By Adam Leitman Bailey
February 2016 By Adam Leitman Bailey The greatest changes in cooperative and condominium law this past year did not come from the legislature or from the courts but from the New York Attorney General’s office (NYAG). This article will review some of those changes and the most significant appellate cases affecting cooperatives and condominiums. Buyouts Full Article…
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