July 12, 2019 The recently enacted Housing Stability and Tenant Protection Act of 2019, which Gov. Andrew Cuomo signed into law on June 14, 2019, has now completely abrogated the no-mitigation rule in the context of residential leases. In 1995, the Court of Appeals in Holy Properties Ltd., L.P. v. Kenneth Cole Productions, 87 N.Y.2d 130 Full Article…
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New Rules of Substantial Rehabilitation to Remove Units from Rent Regulation Part II
By Adam Leitman Bailey Assuming the criterion that the building is substandard or deteriorated has been met, this means that it has conditions that are in violation of law. In New York City, this creates an automatic right by the landlord to have access to the apartment for purposes of curing these violations, that is, to Full Article…
New Rules for Seeking Buyouts of Rent-Regulated Tenants
Due to recent changes to the New York City Administrative Code and a recent decision in the Appellate Term, First Department, landowners who seek to buy out the rights of tenants in occupancy face a minefield of requirements and restrictions. Done properly, the landowner can recapture the apartment for other uses and seriously increase the Full Article…
Court of Appeals to Decide Two Cases With Major Landlord-Tenant Implications
By Adam Leitman Bailey and Dov Treiman February 19, 2019 Adam Leitman Bailey and Dov Treiman discuss “Collazo v. Netherland Property Assets” and “Maddicks v. Big City Properties” — two cases which outcomes may signal “potentially enormous changes in how practitioners will practice landlord-tenant law.” In front of the Court of Appeals are two cases which outcomes Full Article…
Selling a Tenant’s Personal Property After Eviction
By Adam Leitman Bailey January 8th, 2018 When an owner evicts a tenant from an apartment, by the end of the process the tenant typically owes the owner some substantial sum of money. While these evictions are usually in the context either of a nonpayment proceeding or a holdover proceeding prosecuted in the New York Full Article…
New Rules of Substantial Rehabilitation to Remove Units from Rent Regulation
By Adam Leitman Bailey and Dov Treiman December 11, 2018 In their Real Estate Trends column, Adam Leitman Bailey and Dov Treiman discuss a pair of new decisions from the Appellate Term, First Department which have toughened the standards under which a landlord may claim a substantial rehabilitation exemption from rent stabilization, the effect of Full Article…
2017, The Year of Many New Landlord-Tenant Laws
By Adam Leitman Bailey and Dov Treiman June 12, 2018 Adam Leitman Bailey and Dov Treiman discuss the many enactments related to harassment, bedbugs, and smoking, the first two of which expand tenants’ rights and the final one intended to constrict them. On Aug. 9, 2017 and in the ensuing months, becoming effective at scattered times over Full Article…
‘Altman’ Alters Vacancy Deregulation
By Adam Leitman Bailey and Dov Treiman May 2, 2018 Adam Leitman Bailey and Dov Treiman discuss the recent landmark Housing Court case ‘Altman v. 285 West Fourth LLC’ where the Court of Appeals reversed the Appellate Division, First Department and deregulated thousands of New York City apartments. On April 26, 2018, the Court of Full Article…
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