March 1st, 2011 Q. I am the owner of a one-bedroom apartment on the Upper West Side of Manhattan. I have a legal subtenant who filled out all forms and paid all the fees as described on the required two-year lease provided by the board, including that of a credit check, move-in and move-out fees, Full Article…
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Q & A: Effects of Warranty of Habitability on Mortgage Foreclosures, New York Apartment Law Insider
By Adam Leitman Bailey and Dov Treiman March 1st, 2011 Q. Since the financial crisis in 2008, it seems as though more and more owners are becoming unable to pay for repairs to their over-mortgaged buildings. These owners may be unable to borrow additional money to finance repairs because they have negative equity in their Full Article…
Landlord Protections Make for Stronger Lease Agreements, Real Estate Weekly, Speakers: Dina Chadi
By Dina Chadi September 21st, 2011 The primary purposes of a residential lease agreement are threefold: (1) to designate the amount of rent, (2) to declare rights and remedies between landlord and tenant, and (3) to declare the landlord’s obligations and remedies in case of a default by the tenant. Most lease agreements are standardized Full Article…
“Q & A: Buying Out a Stabilized Tenant”, The New York Times
By Adam Leitman Bailey September 29th, 2011 Q. I am considering buying a rent-stabilized apartment from the sponsor of a converted building. The current tenant said she was willing to vacate the unit provided I bought her out. Is there any mechanism to make sure the tenant will vacate the unit after closing once I Full Article…
Economic Infeasibility: A Rare and Complicated Defense, New York Housing Journal
By Adam Leitman Bailey and Dov Treiman In what is commonly known as an HP action, tenants can bring a court proceeding against a building owner asking the court to order the owner to make necessary repairs and correct code violations. However, in some circumstances, forcing an owner to make the ordered repairs could cause Full Article…
Q & A: Frequent ‘Inspections’ Breed Skepticism, The New York Times, Speakers:Jay Romano
June 7th, 2012 Q I live in a rental apartment, and the landlord frequently needs access to my unit for “insurance inspections.” Today will be the fifth such inspection. He says there was flooding in another unit, which necessitates the inspections. They often occur with little notice, and he sometimes wants to do them late Full Article…
Q & A: Are Landlords Really Responsible for Con-Ed’s Inability to Provide Power
Q: Are you saying that whenever a rent regulated tenant loses power because of a widespread power outage that the tenant is entitled to a rent abatement? A: It has nothing to do with rent regulation. It’s all about the warranty of habitability. As to a power outage, it depends on the duration. For a Full Article…
Q & A: Rule, but No Law, on Carpeting Requirements, The New York Times
By: Jay Romano December 7, 2012 Q. What are the requirements for carpeting in a standard apartment rental lease? What does “80 percent carpeting” mean? Do area rugs satisfy the requirement? A. Jeffrey R. Metz, a Manhattan real estate lawyer, says there are no legal requirements for carpeting in an apartment. “The ’80 percent rule’ Full Article…
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