Fall 2015 By Adam Leitman Bailey and Dov Treiman Q1. What is a loft? A1. The word “loft” has no legal meaning. The word “loft” is used in several laws and in the naming of The New York City Loft Board which was set up for the purpose of taking illegal residential tenancies in buildings Full Article…
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Preferential Rents Now Decrease Vacancy Increases
Under the Rent Law of 2015, the law irrefutably assumes that a preferential rent is not based on some special relationship with the tenant but is a genuine statement of what the market will bear. Since rent stabilization is supposed to prevent tenants from paying above-market rents, the logic of the situation that the Legislature Full Article…
Fair-Market Tenants and Condominium Conversions
A recent newspaper article reports that between 2009 and 2012, a total of 117 rental buildings in Manhattan and Brooklyn were converted to cooperative or condominium ownership.1 Many of the units contained therein were deregulated. This article explores what rights tenants of these units have vis-à-vis rent-regulated tenants when a building is being converted, if and Full Article…
Owners Should Never Gamble With Liquidated Damage Clauses
By: Adam Bailey and Dov Treiman January 14, 2015 Real estate leases are, by their nature, bets the parties are placing on what the future may hold. Both landlord interests and tenant interests try to hedge their bets by inserting clauses to produce certain results in the event of an uncertain future. Chief amongst these Full Article…
High Rent Vacancy Not a ‘Get Out of Jail Free’ Card
By: Adam Leitman Bailey & Dov Treiman August 22nd, 2014 Throughout the residential housing industry, there is dangerous ignorance of the amendments promulgated this year, amending the Rent Stabilization Code. All owners should be reading as much as possible about these amendments. Business is simply not the same as it was. One of the massive Full Article…
Court Grants License To Change Licensing Law Rules
By: Adam Leitman Bailey & John M. Desiderio August 13th, 2014 Since at least as early as 1849, in the case of Dolittle v. Eddy,1 New York law has defined a license as the “authority to enter on the lands of another, and do a particular act or series of acts, without possessing any interest Full Article…
Evicting a Tenant for Having Too Many Residents or Violating the Roommate Law
By: Adam Leitman Bailey & Dov Treiman 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 comfortably house five Full Article…
Non-Traditional Natural Relatives in Regulated Housing
By: Adam Leitman Bailey & Dov Treiman July 30th, 2014 When the Court of Appeals decided Braschi v. Stahl1 in 1989, many regarded it as purposed to give gay couples the same kind of protections that straight couples had in rent regulation, allowing one like a spouse to succeed to a tenancy as if he Full Article…
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