How a Condo Board Can Collect Arrears By Using a Little-Known Tool Called DILF

By Adam Leitman Bailey   Oct. 16, 2012 — With the recent economic downturn, condominium boards have been plagued by unit owners defaulting on their monthly common charge. With fewer unit-owners paying, boards are faced with the prospect of increasing common charges in order to collect the deficit from those owners in good standing — unless ...

New Use for an Old Tool: Collecting Rent With an Account Stated, New York Law Journal

By Adam Leitman Bailey, Dov Treiman and Jennifer Beyer At least since Abraham and Lot’s shepherds parted ways over a land grazing dispute,1 Western Civilization’s literature has been full of accounts of monetary and property disputes. Litigators across the United States have produced some astounding excuses from debts. Debt avoidance probably burgeoned ...

Pitfalls for Buyers: Careful Drafting, Detailed Inquiries Minimize Risk, New York Law Journal

By Adam Leitman Bailey and Dov Treiman Recent case law demonstrates that buyers of residential property with rent-regulated units have been blind-sided by financial risks arising from their attorneys’ ignorance of rent regulatory laws. Although many of these cases go unreported, the recent decision of Newport Partners v. DHCR,1 is typical of the hazards ...

Demonstrating The ‘Irrational’: Whatever Happened to Article 78? New York Law Journal

By Adam Leitman Bailey & Dov Treiman CPLR Article 78 gathers together the old writs used by the common law courts to review the work of administrative agencies. Section 7803 of that article limits the questions that can be raised in such proceedings to whether the agency failed to perform its duty, acted in excess of jurisdiction, violated lawful ...

Standing to Sue Sham Condo, Co-op Sponsors Changed, New York Law Journal

By Adam Leitman Bailey and John M. Desiderio Kramer v. W10Z/515 Real Estate Ltd. Partnership, 1 a recent decision of the Appellate Division, First Department, is a case of great importance to purchasers of new condominium and cooperative apartment units. In a sweeping opinion, the court completely overhauled, if not expressly overruled, a line of its ...

Power Is On, but Some Still Shiver

Many Housing Projects Remain Unheated in Sandy’s Wake  By PERVAIZ SHALLWANI and DANNY GOLD As electricity returned on Wednesday for every New York City public-housing resident, another dangerous impact from superstorm Sandy lingered: More than 15,000 of those residents have no heat with a cold snap descending on the region. More than one-fifth ...

5 Great Tips for Buying a Home

With great opportunities abounding in the housing market and historically-low interest rates still intact, consumers can secure record-breaking values on a home purchase, according to New York-based real estate attorney Adam Leitman Bailey. “Incredible deals are on the market and ready to be made, but only for those buyers who know how to seize them,” ...

How to Win Eviction Case Against Tenant Who Overcharges Roommate, New York Apartment Law Insider

If you discover that a rent-stabilized tenant is overcharging a roommate, you may be able to win the tenant’s eviction in housing court. But winning these types of eviction cases isn’t easy, says Manhattan attorney Adam Leitman Bailey. You have to prove that the tenant, in fact, has been charging the roommate more than what’s allowed by Rent Stabilization ...

When Churches Face Foreclosure

in From The Orb > Required Reading by Phil Hall on Wednesday 31 October 2012 REQUIRED READING: On Aug. 8, Pastor Steve Munsey addressed his congregants at the Family Christian Center in Munster, Ind., with some very serious news: the church owed $750,000 in back payments on its mortgage and was facing foreclosure. The story of the church’s ...

Five NYC Laws Your Landlord Doesn’t Want You To Know

Friday, November 16, 2012, by Jeremiah Budin   As many Zone A inhabitants can surely attest to, knowing your rights as a renter is never a bad thing. But, while the Warranty of Habitabilityis certainly important, it’s not the only law that could come in handy for a renter. Here are five things your landlord doesn’t want you to know: 5) ...