October 10, 2017 By Adam Leitman Bailey and Dov Treiman As the city of New York seeks to phase out its use of rent-stabilized apartments as shelters for homeless people,1 the organizations that administer this program struggle for funding, and the courts struggle to find the correct theoretical framework to determine if the units are still Full Article…
The Evolution of Rent Stabilization by Ambush, New York Law Journal
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: Rent-Stabilized Corporate Tenants
Q. Is it legal for a corporation to be a rent-stabilized tenant? A. Yes, “a corporation can rent a rent-stabilized apartment,” said Adam Leitman Bailey, a Manhattan real estate lawyer. “But the terms of the rental will determine whether or not the apartment is entitled to the automatic renewals that are normal under rent stabilization.” If the lease names Full Article…
Q & A: What to Expect After Deregulation
Q.My rent-stabilized apartment in New York City has just become deregulated as a result of high rent/high income deregulation. Is the landlord legally required to give me first consideration on a new lease at market rate, and must that new rate be reasonable and legally fair?
Q & A: Renting and Owning in the Same Building, The New York Times
By Adam Leitman Bailey Q. Is it legal to live in a rent-stabilized apartment and to also own a co-op in the same building? A. “It is perfectly legal,” said Adam Leitman Bailey, a Manhattan real estate lawyer, “Where the writer could run into problems is with the doctrine of primary residence.” He said there Full Article…
Leasing Dinosaurs, New York Law Journal
By Adam Leitman Bailey and Dov Treiman All of the commercially available form leases for rent-stabilized tenancies are admirable examples of attorney language crafting. They were in their day the latest brilliant word in what sorts of protections a landlord would want to have for the landlord and begrudge to the tenant. They carefully walked Full Article…