April 12, 2017 By Adam Leitman Bailey and Dov Treiman While prohibited in some religious traditions,1 interest is one of the most pervasive concepts in the American economy. Seemingly simple on its surface, it presents a bewildering amount of complexity as soon as one digs into its legal implications. Real Estate practitioners must know the Full Article…
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Acceleration Clause in Foreclosure Actions: New Rules
February 8, 2017 By Adam Leitman Bailey and Adam M. Swanson The use of an acceleration clause in a mortgage foreclosure action provides an important and expedient tool when foreclosing on a property. This article focuses on recent case law and discusses some of the benefits and pitfalls when using an acceleration clause and how Full Article…
The Rent Law 2015
By Adam Leitman Bailey On June 26, 2015, Governor Cuomo signed into law Chapter 20 of the Laws of 2015, a complex piece of legislation covering a variety of topics, most of them having nothing to do with landlord-tenant relations. However, that section of the Chapter 20 that does cover landlord-tenant relations carries, by law, Full Article…
Post-Lease Expiration Nonpayment Proceedings
In their Housing Litigation Column, Adam Leitman Bailey and Dov Treiman write: As a general rule of thumb, when there is a definitive appellate pronouncement on a principle of law in one judicial department and the other departments are silent, the other departments will follow the departments who have spoken to the issue. However, this Full Article…
Violation Battle: Level up your building for the fight – with City Hall
By Adam Leitman Bailey Here’s some odd advice: when your building gets a violation, don’t pay it. At least not automatically. “Owners and boards probably spend thousands on fines and penalties that many times can be reduced,” says Ron Finger, president of Finger Management. “They get a ticket and think, ‘Oh, God, I’ve got to Full Article…
The Sound and the Fury: Noise in Rentals, Co-ops and Condos
By Adam Leitman Bailey and Dov Treiman As New York City experiences ever denser housing, the problems with noise laws resound ever more clearly. The noise has gotten louder for many reasons. First more families have chosen to reside in this city and one of the loudest and unrepresented group of violators has been screaming Full Article…
Residential Leases Now Require Sprinklers
By Adam Leitman Bailey Effective December 3, 2014, all residential leases in New York State now require a notice to residential tenants about the presence of absence of sprinkler systems in the “leased premises.” The new law, however, while defining what a sprinkler system is, does not define what a “lease” is or what “premises” Full Article…
Understanding Single-Room Occupancy Laws – Part II
By Adam Leitman Bailey and Dov Treiman Part II Certificate of No Harassment The obtainment of a certificate of no harassment is the gateway into turning a highly regulated, alteration-prohibited building into a free-market class A multiple dwelling. It should be noted that even after a certificate is granted, any current tenants retain their rent-regulated Full Article…
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