By: Adam Leitman Bailey, P.C. September 1st, 2014 In the 1970s the City created HDFCs via Land Disposition Agreements (LDAs) to promote developing blighted and underdeveloped areas into affordable housing. The LDAs transferred land to cooperative housing corporations in exchange for the promise that those cooperatives would adhere to strict principles to create and maintain Full Article…
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High Rent Vacancy Not a ‘Get Out of Jail Free’ Card
By: Adam Leitman Bailey & Dov Treiman August 22nd, 2014 Throughout the residential housing industry, there is dangerous ignorance of the amendments promulgated this year, amending the Rent Stabilization Code. All owners should be reading as much as possible about these amendments. Business is simply not the same as it was. One of the massive Full Article…
Courts Rule on Underfunded Condominium Reserve Funds
By: Adam Leitman Bailey, P.C. Sponsors of condominium conversions really only have two material obligations: to convert the form of ownership and fund the reserve fund. The formula for determining the amount of the reserve fund is set forth in New York Administrative Code Section 26-702(b) (the “Reserve Fund Law”). Historically, sponsors have interpreted the Full Article…
Court Grants License To Change Licensing Law Rules
By: Adam Leitman Bailey & John M. Desiderio August 13th, 2014 Since at least as early as 1849, in the case of Dolittle v. Eddy,1 New York law has defined a license as the “authority to enter on the lands of another, and do a particular act or series of acts, without possessing any interest Full Article…
How to Use A Tenants’ Association to Defeat an MCI Application
I. General Overview Major Capital Improvement Increases (MCI’s) are a concept that parties can contract for if they are not subject to rent regulation. However, generally speaking, unregulated residential tenants rarely do contract for them. They are therefore, in a practical sense, uniquely belonging to the world of rent regulation and are a means whereby Full Article…
Evicting a Tenant for Having Too Many Residents or Violating the Roommate Law
By: Adam Leitman Bailey & Dov Treiman For middle class American society, the idea of the minimum amount of space one would want to live in is vastly larger than standards accepted as absolutely normal in other times, places, and cultures. Consider that a 64 square foot igloo is commonly said to comfortably house five Full Article…
Q&A: Setting Aside Accessible Parking
By: Adam Leitman Bailey & John Desiderio August 1st, 2014 Q: Who owns the handicapped parking spaces set aside in the parking facility of a newly constructed condominium? Keeping it Accessible in Kings County A: “Sponsors of newly constructed condominiums are responsible for creating the condominium as a legal entity and for constructing the physical Full Article…
Non-Traditional Natural Relatives in Regulated Housing
By: Adam Leitman Bailey & Dov Treiman July 30th, 2014 When the Court of Appeals decided Braschi v. Stahl1 in 1989, many regarded it as purposed to give gay couples the same kind of protections that straight couples had in rent regulation, allowing one like a spouse to succeed to a tenancy as if he Full Article…