January 16, 2018 By Adam Leitman Bailey and Dov Treiman 2017 was an astounding year in New York City real estate. Especially on August 9, 2017, but to become effective at scattered times over the ensuing year, the City Council enacted numerous provisions falling into three distinct areas: general property owner/landlord and shareholder/unit owner/tenant relations, Full Article…
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Departmental Divide on Shareholder Family Occupancy
December 12, 2017 By Adam Leitman Bailey and Dov Treiman Adam Leitman Bailey and Dov Treiman discuss a split among the First and Second Department Appellate Divisions on their interpretations of a common clause in proprietary leases for cooperative apartments relating to whether a proprietary lessee must live in the apartment simultaneously with a close Full Article…
When Should a Landlord Hire a Lawyer?
November 14, 2017 By Adam Leitman Bailey When 8.5 million people are living vertically in a city that’s only 22.7 square miles large, landlord–tenant battles and tenant versus tenant wars are a daily occurrence. All landlords should hire a lawyer when a tenant fails to pay rent, properly take care of the property, when any Full Article…
How to Navigate HPDʼs Alternative Enforcement Program
November 1, 2017 The New York City Department of Housing Preservation and Development (“HPD”), touts its Alternative Enforcement Program (“AEP”), which was established in 2007, as one of the City’s “most effective enforcement tools for addressing distressed properties.” In theory, AEP’s fundamental purpose is to combat the City’s urban blight by forcing building owners to Full Article…
Sheltering the Homeless in Rent-Stabilized Units
October 10, 2017 By Adam Leitman Bailey and Dov Treiman As the city of New York seeks to phase out its use of rent-stabilized apartments as shelters for homeless people,1 the organizations that administer this program struggle for funding, and the courts struggle to find the correct theoretical framework to determine if the units are still Full Article…
When Email Exchanges Become Binding Contracts
August 8, 2017 by Adam Leitman Bailey and John Desiderio In Stonehill Capital Management v. Bank of the West, 28 NY3d 439 (2016), the New York Court of Appeals held that an agreement to sell a distressed loan, in the auction loan trading market, was enforceable without the execution of a formal written contract. While Full Article…
Terminating Easements in States East of the Mississippi River
By Adam Leitman Bailey and Israel Katz One of this century’s most common sources of real estate litigation in the states east of the Mississippi River is easements. In urban areas, entire development projects have been halted as a result of easement agreements, many of them ancient. In our nation’s system of transferring title, in Full Article…
Contesting Relocation Liens: Innocent Landowners Get Burnt
June 13, 2017 By Adam Leitman Bailey and Dov Treiman In a decision stronger on emotion than analysis, the Court of Appeals in Rivera v. HPD1 recently eliminated a building owner’s rapid path to determining the validity of liens placed against its building for housing preservation & development’s expenses in relocating the building’s tenants when Full Article…
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