By JAY ROMANO January 25th, 2013 Q. I have found a great condominium to buy, but it is occupied by a rent-stabilized tenant. The broker says I would need to renew the lease every time the tenant wanted it renewed. I’ve read, though, that if an owner wants to use the unit for himself after purchase, Full Article…
Manhattan Newly Constructed Condominium Takes Over Sponsor Controlled Board and Receives $450k + Apartment + Significant Construction Work without Judicial Intervention
The unit owners of a 24 unit luxury new construction condominium in Manhattan hired Adam Leitman Bailey, P.C. after the unit owners’ complaints and concerns about construction defects were ignored by the sponsor-controlled Board, and demands by the unit owners to the sponsor that the sponsor turn over control of the Board to the residents Full Article…
Q&A: Questions About a Washing Machine
By: Jay Romano January 4th, 2013 Q. I am on the board of a Brooklyn co-op. One of the rent-controlled tenants in the building has had a washing machine in her apartment since she moved in. Such appliances are prohibited by the co-op because of the age of the building’s plumbing system. Can the building require the Full Article…
Advising Boards on Handling Secondhand Smoke Issues
By: Adam Leitman Bailey & John M. Desiderio January 30th, 2013 Some of the most intense combat occurring in modern times may not be that which has taken place on the battlefield, but rather in the ongoing conflicts that occur between shareholders, owners, and renters of apartments in multiple dwelling buildings, between themselves and/or with Full Article…
Adam Leitman Bailey, P.C. Prevails; Allows a Donut Store Owner to Continue Making Donuts Despite Being Locked Out by Landlord
When a donut shop owner sought Adam Leitman Bailey P.C.’s help after his landlord locked the shop out of its basement storage space, the attorneys at Adam Leitman Bailey, P.C. commenced litigation and prevailed over the landlord in less than 48 hours after the initial consultation. An agent of a commercial tenant operating a popular Full Article…
Adam Leitman Bailey, P.C., Successfully Defends Against Niece’s Succession Claim to Regulated Apartment
When an occupant of a governmentally regulated apartment claims succession rights to the apartment, but does not fall into one of the statutorily defined “familial relationships” with the tenant of record, in addition to proving a minimum of two-year’s co-residency, the occupant is required to prove an emotional and financial commitment and interdependence with the Full Article…
Q & A: Maintenance Rises After Units Are Combined
By Jay Romano Q We recently bought a small studio apartment next to our one-bedroom and created a two-bedroom. We are paying maintenance on the two units as if they had never been combined. There is a similar apartment in the building that has fewer shares — and pays less maintenance — for the same-size apartment Full Article…
Directors and Officers Insurance Does Not Cover Intentional Discrimination
By Adam Leitman Bailey & Colin E. Kaufman In a recent decision that sent shivers of concern across New York co-op and condo boards, the state’s highest court held that the Business Judgment Rule does not protect individual condominium and cooperative board members against some personal liability. In response, real estate and insurance attorneys are reviewing directors and officers (D&O) policies and Full Article…