By Adam Leitman Bailey and John M. Desiderio August 10th, 2005 Where the right to do so is expressly reserved in a commercial lease, a landlord may reenter the leased premises peaceably, without resort to court process, upon termination of the lease or upon the commercial tenant’s defaulting on payment of rent or other lease Full Article…
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Use Get-Tough Lease Clauses to Discourage Chronic Late Rent Payments
By: Adam Leitman Bailey August 1st, 2005 It’s exasperating when a tenant repeatedly violates the lease by failing to pay its rent on time but then cures—that is, fixes—each violation by paying the late rent before it becomes a lease default. The worst thing is that you can’t break the cycle: You waste time and Full Article…
The First Rent Stabilization Overhaul in 14 Years
By: Adam Leitman Bailey & Dov Treiman April 23rd, 2014 On January 8, 2014, the DHCR issued the first amendments to the Rent Stabilization Code in some 14 years. The amendments, 27 of them, are a mixed bag of mere codification of judicial decisions, moving DHCR office practices actually into the Rent Stabilization Code, technical Full Article…
Deciding Whether to Amend Old Registrations
By: Dov Treiman March 29th, 2014 The recent amendments to the Rent Stabilization Code (RSC) have complicated an owner’s decision whether to amend old rent registrations. Here are a few new factors owners now have to consider: Will I have to start a DHCR proceeding? Under the recent RSC amendments, the automatic right to amend Full Article…
Litigating Against the New Transient Use Statute: The First Trials
As Environmental Control Board litigators, we know that every day is a new battle and we can never predict the result of a case, no matter how good the facts may be. And then of course, there’s the old saying that no one beats City Hall. Well, for us, we had to go higher and Full Article…
Adam Leitman Bailey, P.C. Expedites Construction of a Brooklyn Restaurant
Property owners in Brooklyn applied to the Department of Buildings seeking to construct and open a restaurant on Third Avenue spanning three adjacent lots. For this project, however, the Building Code required a second means of egress to be established between the lots. The property owners’ architect attempted to create and record documents into the Full Article…
Residential landlords offer rent abatements to tenants stranded by Sandy
By Katherine Clarke November 8th, 2012 In the wake of Hurricane Sandy, several of the city’s largest residential landlords have announced that they are providing comprehensive rent abatements to tenants who lost power or water during the storm. Both tenants of luxury and more affordable housing may see some relief. Rose Associates, owner of high-end rental Full Article…
Landlords Facing Post – Sandy Responsibilities
By Adam Leitman Bailey and Dov Treiman Q: Is there any difference in the law between how regulated and unregulated apartments are handled when the tenant cannot live there because of storm damage? A: Rent regulation makes almost no difference in the legal treatment of storm damaged or destroyed apartments. In unregulated apartments, the lease Full Article…
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