By Adam Leitman Bailey, P.C. We are in the calm before the storm. With the state court system shut down for non-emergency matters, and evictions and foreclosures stayed, businesses have little reason to file for bankruptcy now, even though the Bankruptcy Courts are open and working remotely. However, once the COVID-19 emergency measures ease, and Full Article…
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The Pandemic, Personal Privacy & the Law
By Adam Leitman Bailey and John M. Desiderio May 14, 2020 Editor’s note: This article is Part 2 of a two-part series from the authors examining some of the many legal questions and considerations raised by the global pandemic for co-op, condo, and HOA boards, as well as landlords and building owners. Click here to Full Article…
Residential Building Laws & the COVID-19 Pandemic
Past Precedents Can Inform Today’s Boards By Adam Leitman Bailey and John Desiderio May, 7 2020 Editor’s note: This article is Part 1 of a two-part series from the authors examining some of the many legal questions and considerations raised by the global pandemic for co-op, condo, and HOA boards, as well as landlords and Full Article…
Governor Extends Certain Condominium Offering Plan Deadlines
By Adam Leitman Bailey, P.C. On April 16, 2020, Governor Cuomo issued Executive Order 202.18 (EO 202.18), which among other things, extended several deadlines applicable to condominium and cooperative offering plans. EO 202.18 tolls several deadlines that could prevent condo/co-op sponsors from completing and selling condo/co-op projects, though it does not significantly change most ongoing Full Article…
‘Regina’ Decision Nixes HSTPA’s Rent Overcharge Retroactivity
The ‘Regina’ decision will have significant reverberations for the real estate market going forward, as it will unfreeze the chill over the purchase and sale of rent-regulated buildings. April 08, 2020 On April 2, 2020, the New York State Court of Appeals issued a split decision (4-3) on a string of four rental overcharge cases Full Article…
COVID-19 May Shape NY Business Interruption Insurance Law
April 7, 2020 On the scale of pandemics, the novel coronavirus, commonly referred to as COVID-19,[1] is unprecedented, and ranks among one of the worst in human history, not only in terms of its virulence, but in economic destruction as well. While scientists hastily work toward developing a vaccine and antiviral drugs to combat COVID-19, Full Article…
Third-Party Tenant Harassment Poses Dilemma For Landlords
New York common law has long shielded landlords from tort liability for intentional injury suffered by one tenant at the hands of another tenant, unless the landlord “has the authority, ability, and opportunity to control the actions of the assailant.” However, this shield was recently pierced by the Second Circuit in Francis v. Kings Park Full Article…
Demolition: One of the Last Ways to Deregulate a Building
With the June 2019 passage of the Housing Stability and Tenant Protection Act (HSTPA), owners are desperately seeking ways out of rent regulation in an attempt to recapture the profitability their buildings previously had. Two such exit strategies are “substantial rehabilitation,” available only to deteriorated buildings, and “demolition,” generally available to rent-stabilized buildings regardless of Full Article…
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