July 21st, 2008 Ever since its initial passage in 1969, the entire concept of rent stabilization has been fraught with controversy.1 While public policy experts continue to debate the wisdom of the existence of the entire system, legal experts are left to puzzle out when and where it does and does not apply. The over-arching Full Article…
Amended Rules on Deemed Leases and Preferential Rents, Apartment Law Insider
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…
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…
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…
The First Rent Stabilization Overhaul in 14 Years, New York Law Journal
By: Adam Leitman Bailey & Dov Treiman April 23rd, 2014 On Jan. 8, 2014, the Division of Housing and Community Renewal (DHCR) issued the first amendments to the Rent Stabilization Code in some 14 years. The amendments, 27 in all, are a mixed bag of regulatory changes ranging from the mere codification of judicial decisions, Full Article…
When Is It Company? When a Crowd?, New York Law Journal
By: Adam Leitman Bailey & Dov Treiman December 22nd, 2011 With Governor Paterson’s recent announcement that New York would accord administrative recognition to same-sex unions Adam Leitman Bailey solemnized in jurisdictions that recognize such unions, notably in every jurisdiction with which New York shares a border except for Pennsylvania, the focus is once again placed Full Article…
Call All Monies Owed by Tenant “Additional Rent” to Speed Up Non-Payment Proceedings, Commercial Lease Law Insider
By: Adam Leitman Bailey March 1st, 2006 Many owner and tenant lease forms we’ve looked at have a big loophole: They don’t classify all of the tenant’s lease costs—other than base rent (and for retail tenants, percentage rent)—as “additional rent.” Typically, a lease requires the tenant to pay many costs in addition to its base Full Article…
Use Get-Tough Lease Clauses to Discourage Chronic Late Rent Payments
By: Adam Leitman Bailey August 1st, 2005 It’s exasperating when a tenant repeatedly violates the lease by failing to pay its rent on time but then cures—that is, fixes—each violation by paying the late rent before it becomes a lease default. The worst thing is that you can’t break the cycle: You waste time and Full Article…