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Adam Leitman Bailey, P.C. Does The Unthinkable To Provide Safety For Fellow Residents in Coop and Rightfully Evicts Dangerous Illegal Occupant

By Jamie Schare Friedland


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When a low income housing cooperative sought Adam Leitman Bailey, P.C.’s help after a tenant illegally sublet their unit, the attorneys at Adam Leitman Bailey, P.C. successfully, and creatively, defended the cooperative and obtained an eviction, thus clearing the premises from further harmful activity.

The managing agent received numerous complaints of animal cruelty and repugnant smells originating from the unit. The tenant, a resident of a subsidized apartment, clearly did not reside there and was lying about the presence of an illegal occupant. The occupant residing in the unit was beyond a nuisance. He was a known drug user and was mistreating and disposing of several animals in a public dumpster. The police were called multiple times and claimed they were unable to help since the occupant would not open the door. Therefore, the mistreatment of animals continued. The attorneys at Adam Leitman Bailey, P.C. knew they needed to put an end to this and stop this mistreatment immediately.

The attorneys at Adam Leitman Bailey, P.C. immediately commenced a eviction. It was a dire situation. Neighbors were complaining that the shareholder was not residing in the premises but an illegal occupant was. There were complaints that the illegal sublet was harboring animals and partaking in destructive activities. Since the police were unable to help, the attorneys at Adam Leitman Bailey, P.C. took matters into their own hands. The attorneys at Adam Leitman Bailey, P.C.  decided that the landlord’s best option was to bring the shareholder tenant into compliance with his lease by bringing a holdover case first for nonprimary residence.

At trial, the attorneys at Adam Leitman Bailey, P.C., took the risk of simply dropping the case if the court agreed to inspect the apartment and make the recommendation of cleaning the unit. When the judge arrived at the premises, the illegal occupant barricaded the door and refused to let the judge in. However, the smells, dog cries, and bugs that emanated from the apartment were proof enough. The shareholder tenant, worried of his own liability in the matter, was forced to acquiesce on the spot and turned over possession. The shareholder tenant knew he was no match for the attorneys at Adam Leitman Bailey, P.C. and very quickly surrendered the keys.

Thanks to the attorneys at Adam Leitman Bailey, P.C., an abused dog was found and able to receive the medical help it desperately needed. The police handled the rest as the illegal occupant was forced to flee the residence. A news article on the case can be found here.

This strategy resulted in a very dangerous occupant vacating the building. Christopher Halligan and Jamie Schare Friedland represented the client.

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Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS