By Adam Leitman Bailey September 29th, 2011 Q. I am considering buying a rent-stabilized apartment from the sponsor of a converted building. The current tenant said she was willing to vacate the unit provided I bought her out. Is there any mechanism to make sure the tenant will vacate the unit after closing once I Full Article…
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Correcting the MERS Errors to Establish a Secure, Profitable National Title System, Real Estate Law & Industry Report
By Adam Leitman Bailey and Dov Treiman October 4th, 2011 In Homer’s Odyssey, the protagonist, Odysseus, is called upon to sail his crew through the Straits of Messina, passing between two legendary monsters, Scylla and Charibdis. To avoid one, the only option was to approach the other, risking a horrible death in either instance. Odysseus Full Article…
Economic Infeasibility: A Rare and Complicated Defense, New York Housing Journal
By Adam Leitman Bailey and Dov Treiman In what is commonly known as an HP action, tenants can bring a court proceeding against a building owner asking the court to order the owner to make necessary repairs and correct code violations. However, in some circumstances, forcing an owner to make the ordered repairs could cause Full Article…
Adverse Possession Changes Make Results Less Certain, New York Law Journal
By Adam Leitman Bailey and John Desiderio February 11th, 2009 On July 8, 2008, Governor Paterson signed into law S.7915-C, which amended New York’s adverse possession law, and two centuries of New York adverse possession doctrine came to an end. The new law is intended to prevent an absentee landowner from losing title to his Full Article…
Q & A: Frequent ‘Inspections’ Breed Skepticism, The New York Times, Speakers:Jay Romano
June 7th, 2012 Q I live in a rental apartment, and the landlord frequently needs access to my unit for “insurance inspections.” Today will be the fifth such inspection. He says there was flooding in another unit, which necessitates the inspections. They often occur with little notice, and he sometimes wants to do them late Full Article…
How a Condo Board Can Collect Arrears By Using a Little-Known Tool Called DILF, Habitat Magazine
Oct. 16, 2012 — With the recent economic downturn, condominium boards have been plagued by unit owners defaulting on their monthly common charge. With fewer unit-owners paying, boards are faced with the prospect of increasing common charges in order to collect the deficit from those owners in good standing — unless they can collect the Full Article…
Q & A: Are Landlords Really Responsible for Con-Ed’s Inability to Provide Power
Q: Are you saying that whenever a rent regulated tenant loses power because of a widespread power outage that the tenant is entitled to a rent abatement? A: It has nothing to do with rent regulation. It’s all about the warranty of habitability. As to a power outage, it depends on the duration. For a Full Article…
Q & A: Rule, but No Law, on Carpeting Requirements, The New York Times
By: Jay Romano December 7, 2012 Q. What are the requirements for carpeting in a standard apartment rental lease? What does “80 percent carpeting” mean? Do area rugs satisfy the requirement? A. Jeffrey R. Metz, a Manhattan real estate lawyer, says there are no legal requirements for carpeting in an apartment. “The ’80 percent rule’ Full Article…
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