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Q. A luxury condominium owner purchased their unit in 2018 and was previously allowed to rent the unit out for the summer to visitors without any issues. Since the passing of the new tenant protection laws, landlords are no longer allowed to accept deposits or advances that exceed more than one month’s rent. How can a landlord attempting to rent out their condo unit only for the summer months still do so without violating these…
Since the Covid-19 crisis hit, there has been a series of directives from the New York State Governor, the Chief Administrative Judge of the New York Courts, and the New York State Legislature. These mutually contradictory proclamations have taken the already complex procedures for suing for rent (made more complex with last June’s overhaul of the rent laws) and made them not only more confusing, but more certain to frustrate a landlord seeking to get…
Though almost universally deemed as “unprecedented,” the operational difficulties posed by COVID-19 are not entirely unknown to history. The owners, managers and boards of New York City’s multifamily buildings faced similar challenges a hundred years ago, when the so-called Spanish Flu of 1918 swept the globe. Now, as then, the social distancing rules and restrictions imposed by governments at all levels have compelled boards and residents alike to question the responsibility and duties of both…
On May 27, 2020, the New York City Council enacted Int. 1932/2020 into law, an ordinance that is “in relation to personal liability provisions of leases for commercial tenants impacted by COVID-19.” As to rent and other financial obligations that arose from March 7, 2020 through September 30, 2020 (“the Covid period”), landlords may never enforce personal guaranties of certain commercial tenants.  Under the law, the guarantor is again liable for any rent or other…
By Adam Leitman Bailey and John M. Desiderio The Covid-19 pandemic has confronted owners, managers and boards of New York City multifamily buildings with operational challenges not seen for a hundred years, since the so-called Spanish Flu pandemic of 1918 swept across the globe. The social distancing rules and restrictions imposed by governments at all levels have raised questions from boards and residents alike about the responsibilities and duties of both the managers and occupants…
With the June 2019 passage of the Housing Stability and Tenant Protection Act (HSTPA), owners are desperately seeking ways out of rent regulation in an attempt to recapture the profitability their buildings previously had. Two such exit strategies are “substantial rehabilitation,” available only to deteriorated buildings, and “demolition,” generally available to rent-stabilized buildings regardless of their condition. Administering Rent Regulation Governing the demolition process is the DHCR’s Operational Bulletin 2009-1. This bulletin deals with demolition…
By Adam Leitman Bailey and John Desiderio | April 07, 2020 New York common law has long shielded landlords from tort liability for intentional injury suffered by one tenant at the hands of another tenant, unless the landlord “has the authority, ability, and opportunity to control the actions of the assailant.” Britt v. New York City Housing Authority, 3 AD2d 514, 770 NYS2d 744, 745 (2d Dept. 2004). The ‘Francis’ Decisions However, this shield was recently pierced by the…
Adam Leitman Bailey isn’t one to sit by the sidelines. Over the last several months, Bailey and his award-winning real estate law firm have achieved countless press mentions and earned mentions in publications such as The Real Deal, KivoDaily, and LawDragon. To read these articles in full, scroll through the below excerpts.    Landlord-Tenant—Class Action Complaint Withstands Motion To Dismiss—Rent Overcharges—Motion for Class Certification In this Realty Law Digest, notable commercial litigator and legal writer…