By: Adam Leitman Bailey & Dov Treiman March 14th, 2007 Landlords subjected to Housing Part proceedings1 to enforce building codes, where compliance will cause severe economic distress, may attempt to defend themselves by raising the so-called “economic infeasibility” defense, the essence of which is that the cost of correcting the cited code violations is likely Full Article…
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Call All Monies Owed by Tenant “Additional Rent” to Speed Up Non-Payment Proceedings
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…
Wrong Landlord Cited
Issue Date: June 2004, Posted On: 6/1/2004 Wrong Landlord Cited Frant Hotel LLC: ECB Viol. Nos. 34388519L, 34388484K & 34384806X (5/5/04) [2-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) DOB issued three violation notices on landlord’s building. The notices were addressed to prior landlord of the building. Current landlord Full Article…
Illegal Plumbing Installed
HIGHLIGHTS / JUNE 2004 BUILDING VIOLATIONS Issue Date: June 2004, Posted On: 6/1/2004 Illegal Plumbing Installed 435 E. 65th Corp.: ECB Viol. No. 34392444H (9/17/03) [4-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the tenant.) DOB issued a violation notice to landlord for installing illegal plumbing in the kitchen of tenant’s Full Article…
Building Sold Before Violation Notice Issued
HIGHLIGHTS / MAY 2003 Issue Date: May 2003, Posted On: 5/1/2003 Building Sold Before Violation Notice Issued Palmer: DOB Violation No. 34371128N (3/24/03) [1-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) DOB issued a violation notice to landlord. Landlord claimed it didn’t own the building at the time the Full Article…
Permit Not Required for Container
IssueDate:November2002, Posted On: 11/1/2002 Permit Not Required for Container Erica Lee Corp.: Viol. No. 109819454 (7/6/00) [1-pg. doc.] (Decision submitted by Adam Leitman Bailey of the Manhattan law firm of Adam Leitman Bailey, PC, attorneys for the landlord.) DOS issued a violation notice to landlord for not posting a permit for a 30-yard container. Landlord Full Article…
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