If you sure to evict a tenant for illegal subletting, the tenant may claim that by waiting too long to start the case, you waived your right to sue to evict the tenant for this reason. But, in a recent case handled by Manhattan attorney and CHIP member Adam Lietman Bailey, the court refused to Full Article…
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The First Rent Stabilization Overhaul in 14 Years, New York Law Journal
By: Adam Leitman Bailey & Dov Treiman April 23rd, 2014 On Jan. 8, 2014, the Division of Housing and Community Renewal (DHCR) issued the first amendments to the Rent Stabilization Code in some 14 years. The amendments, 27 in all, are a mixed bag of regulatory changes ranging from the mere codification of judicial decisions, Full Article…
How to Win Eviction Case Against Tenant Who Overcharges Roommate, Apartment Law Insider
October 1st, 2006 If you discover that a rent-stabilized tenant is overcharging a roommate, you may be able to win the tenant’s eviction in housing court. But winning these types of eviction cases isn’t easy, says Manhattan attorney Adam Leitman Bailey. You have to prove that the tenant, in fact, has been charging the roommate Full Article…
The Fine Lines In Suing to Evict Tenants’ Families, The New York Law Journal
By: Adam Leitman Bailey & Dov Treiman July 2nd, 2007 When it comes to subletting, relatives are in an entirely different category than other persons. Relatives stand at the boundary line between family members who occupy the premises as an incident of the family relationship1 and strangers who bought into the right or privilege to Full Article…
Sidewalk Doesn’t Include Curbstone, Court Says, Apartment Law Insider
July 1st, 2006 A recent Kings County court ruling may help you avoid liability under the city’s sidewalk law (Section 7-210 of the city’s Administrative Code). That law requires owners to maintain the sidewalks abutting their buildings in a safe condition and makes owners of buildings with four or more apartments exclusively liable for any Full Article…
When Is It Company? When a Crowd?, New York Law Journal
By: Adam Leitman Bailey & Dov Treiman December 22nd, 2011 With Governor Paterson’s recent announcement that New York would accord administrative recognition to same-sex unions Adam Leitman Bailey solemnized in jurisdictions that recognize such unions, notably in every jurisdiction with which New York shares a border except for Pennsylvania, the focus is once again placed Full Article…
Deducting Cost of Repainting Purple Walls From Security Deposit, Apartment Law Insider
By: Adam Leitman Bailey July 1st, 2006 Q. One of my tenants moved out of her apartment, leaving behind walls that she had painted purple. Can I deduct the cost of repainting the walls from this tenant’s security deposit? A. Yes, says Manhattan attorney Adam Leitman Bailey. In general, if a tenant moves out of Full Article…
Call All Monies Owed by Tenant “Additional Rent” to Speed Up Non-Payment Proceedings, Commercial Lease Law Insider
By: Adam Leitman Bailey March 1st, 2006 Many owner and tenant lease forms we’ve looked at have a big loophole: They don’t classify all of the tenant’s lease costs—other than base rent (and for retail tenants, percentage rent)—as “additional rent.” Typically, a lease requires the tenant to pay many costs in addition to its base Full Article…
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