February 21st, 2014 On Jan. 8, 2014, the DHCR issued the first amendments to the Rent Stabilization Code in some 14 years. While the new amendments—27 in all—do have the virtue of making the applicable law easier to find, gathering it all into one place, for the most part, these amendments will simply increase the Full Article…
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Q&A: A Stabilized Subtenant Dreams of Staying On, The New York Times
December 3rd, 2008 Q. I am the legal sublessee of a rent-stabilized apartment. The tenant has been allowed to rent to me for a two-year period. It is likely that he will not renew the lease at the end of the two-year period, which coincides with the end of the sublease. I would prefer to Full Article…
Q&A: Allowable Adults Living in Studio Apartment, Apartment Law Insider
By: Adam Leitman Bailey Q: We have a situation in the building that deals with overcrowding in a studio apartment. A young couple purchased a studio apartment during the past year. The couple then had a baby girl. Following the birth of the child, the grandparents arrived from China and the owners of the apartment Full Article…
Wither “Sofizade”? Many Courts Reject Ruling, First Department Silent, New York Law Journal
August 8th, 2007 Although beginning the process in 1848 [FN1] of leading the English speaking world in the development of civil procedure designed to achieve justice based on the deeds and misdeeds of the litigants, New York did not achieve any kind of genuine system to accomplish that goal until 1963. Under the civil practice Full Article…
Squeezing Out Evidence of Apartment Overcrowding, Real Estate Weekly
By Adam Leitman Bailey and Dov Treiman March 19th, 2015 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 Full Article…
Setting House Rules in ‘No Pet’ Buildings, The Cooperator
By Adam Leitman Bailey March 1st, 2014 Increasingly, those who manage residential rental, cooperative, or condominium apartment dwellings in New York are learning they must walk a fine line in setting house rules that govern the ownership and acceptance of animals in their buildings. Landlords, volunteer board members of cooperatives and condominiums, and the managing Full Article…
Owner Can’t Waive Illegal Sublet Claim, Chip Advisor
If you sure to evict a tenant for illegal subletting, the tenant may claim that by waiting too long to start the case, you waived your right to sue to evict the tenant for this reason. But, in a recent case handled by Manhattan attorney and CHIP member Adam Lietman Bailey, the court refused to Full Article…
‘Miller-Francis’: A Disturbance in the Force, New York Law Journal
By Adam Leitman Bailey and Dov Treiman April 9th, 2014 When the Empire destroyed the planet Alderaan in Star Wars IV, Obi-Wan Kenobi sensed “a great disturbance in the Force, as if millions of voices suddenly cried out in terror, and were suddenly silenced.” When the Appellate Division, First Department decided Miller-Francis v. Smith-Jackson,1 there Full Article…