All over New York City, the Department of Homeless Services has been placing homeless shelters, particularly in the City’s most affluent neighborhoods. Front page articles went on for months discussing these homeless shelters, the prostitution and drug use and trafficking that come along with such shelters, as well as the incompetency of the services provided to 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…
Finding Individual Liability for Sponsor’s Principals And Sponsor’s Waiver of The Notice Requirement Under The Offering Plan
Recently, in The Board of Managers of 266 West 115th Street Condominium v. 266 West 115thStreet, LLC, et al., 2014 NY Slip Op 33047 (Sup. Ct. 2014) – a precedent-setting decision on two separate issues – the New York State Supreme Court held that: (i) the principal of a Sponsor can be found to be personally Full Article…
How to Use A Tenants’ Association to Defeat an MCI Application
I. General Overview Major Capital Improvement Increases (MCI’s) are a concept that parties can contract for if they are not subject to rent regulation. However, generally speaking, unregulated residential tenants rarely do contract for them. They are therefore, in a practical sense, uniquely belonging to the world of rent regulation and are a means whereby Full Article…
Navigating Buyers and Developers Through New Construction Deals, New York Law Journal
By Adam Leitman Bailey and John M. Desiderio May 3rd, 2010 In late 2008, the real estate sky had started to fall and fall quickly. As a result of the loss of financing and wages, many purchasers in contract to buy a unit in a newly constructed building were either no longer able or willing Full Article…
Making New Law, Adam Leitman Bailey, P.C., Obtains A Victory For Homeowners Association
In a case of first impression, Adam Leitman Bailey, P.C., attorneys obtained a victory that could benefit homeowners associations throughout New York. The issue in the case was whether the Board of Directors of a homeowners association – a residential development located in Arverne, Queens County, New York, which consists of 121 privately deeded homes Full Article…
Standing to Sue Sham Condo, Co-Op Sponsors Changed, New York Law Journal
By Adam Leitman Bailey and John M. Desiderio Kramer v. W10Z/515 Real Estate Ltd. Partnership, 1 a recent decision of the Appellate Division, First Department, is a case of great importance to purchasers of new condominium and cooperative apartment units. In a sweeping opinion, the court completely overhauled, if not expressly overruled, a line of Full Article…
The Newly Constructed or Converted Condominium, The Cooperator
By Adam Leitman Bailey and John M. Desiderio At the height of the housing boom, some builders attempted to recapture profits lost in the price they paid for their properties by cutting costs spent on labor and materials, and many others could not find good contractors or obtain low prices for building materials. At the Full Article…