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Mitchell-Lama | Housing Development Fund Corporation (HDFC) & Third Party Transfer Representation

Adam Leitman Bailey, P.C. was built to counsel Mitchell-Lama housing companies, cooperatives, and HDFCs. Mitchell-Lama complexes are a unique blend of private enterprise working with comprehensive governmental oversight. For general counsel to be effective in providing the kind of representation a Mitchell-Lama board of directors needs, counsel must have at its command attorneys with the specialized skills needed to handle the complex, technical, and intricate interplay of legal relationships. Adam Leitman Bailey, P.C. was built to be just that kind of counsel.

While the firm has the departmental structure necessary to give specialized attention to specialized needs and situations, it has unrivaled experience in using its inner resources to attack complex issues with teams comprised of some of the most highly regarded specialists in the various branches of real estate law – transactional attorneys with nationally recognized skills in drafting contracts, licenses, and leases; litigation attorneys who know the ins and outs of bench trials, jury trials, and administrative trials; creative scholars who mine and build upon old precedents to devise new arguments; appellate attorneys who regularly appear in all the federal and state tribunals to craft their arguments, whether fact driven or legally sophisticated; and hands-on practitioners who draw on their previous experience to put together deals and arrangements that work on the practical level and can be readily understood by self-governing layperson directors.

Adam Leitman Bailey, P.C. serves as general counsel to over 500 cooperative and condominium buildings in New York, and its attorneys have been at the forefront of many of the legal issues confronting cooperatives and condominiums for over a generation. Adam Leitman Bailey, P.C. was built to serve the needs of cooperatives and condominiums by hiring the best attorneys for every issue where a building may require counsel.  Besides its general corporate representation, Adam Leitman Bailey, P.C. has revolutionized the condominium/cooperative representation using its creative methods such as:

  • Reducing common charges/maintenance while building a reserve system.
  • Seizing upon new laws that allow savings by using certain materials or standards.
  • Ensuring that both the building and the board are adequately protected using the firm’s insurance attorneys combined 60-plus years of insurance experience.
  • Revising and upgrading outdated corporate documents inhibiting a building’s effectiveness in governing itself and its residents’ conduct.
  • Reviewing offering plans, creating bylaws and house rules that anticipate and prevent problems as well as provide for an amicable and smooth process for governance.
  • Inventing and devising an agreement/process to quicken the foreclosure process to either get common charges paid or the property into new unit owners’ hands.

Aggressively pursuing avenues of revenue, tapping grants from local and federal governments, utilizing tax breaks and grants, following programs to efficiently manage a building and pursuing other programs and techniques, Adam Leitman Bailey, P.C. has enabled its clients to become models of management.

These methods and others have enabled Adam Leitman Bailey, P.C. to achieve record-breaking savings and successes for cooperatives and condominiums. In one instance, Adam Leitman Bailey, P.C. got a cooperative client a record-breaking $21 million grant from the combined resources of City, State, and Federal governments.

Full Service Real Estate Firm

The firm’s attorneys have over 80 years combined experience representing cooperatives and condominiums in New York. The firm’s proprietary leases, offering plans and bylaws have been lauded as the industry’s best. The firm’s model laundry room lease has been adopted as the model lease by the real estate community and Blumberg Forms.

As either general or litigation counsel for cooperatives, condominiums, HDFCs, Mitchell Lamas, and shareholders/unit owners, Adam Leitman Bailey, P.C. prides itself on its ability to assist all buildings, unit owners, and shareholders with all of their real estate needs. The satisfaction of the firm’s clients comes from its ability to give practical advice, and to guide prudent decisions, giving full weight to both legal and business and economic considerations. With regard to cooperative and condominium litigation, Adam Leitman Bailey, P.C.’s success comes from its ability to win at trial, obtain favorable settlements, and to prevent situations from escalating towards litigation.

Customer Service and the 24-Hour Rule

Client satisfaction starts with the firm’s customer service. Its AV-rated and award-winning law firm responds to all emails and phone calls within 24 hours. Upon request, Adam Leitman Bailey, P.C. provides its clients with weekly or daily updates of all of your pending matters. Almost all of its attorneys live in the metropolitan New York City area, enabling them to attend building meetings and be available at your convenience. This responsiveness and hands-on attentiveness allows the firm to prevent costly litigation by pinpointing potential issues before they become serious problems.

Contracts and Transactions

On the transactional front, Adam Leitman Bailey, P.C. has some of the best and most cost-effective attorneys who have mastered negotiating, preparing and drafting contracts, commercial leases, and management agreements, and financing instruments. The firm’s experience encompasses deals ranging from the smallest to some of the largest capital projects in the history of Mitchell-Lama housing.

Commercial Leasing

Adam Leitman Bailey, P.C. has represented housing corporations in a full range of leasing and leasing-related matters, ranging from fairly straightforward leases to complex lease transactions. The firm has prepared and negotiated leases for shopping centers, mixed-use developments, and small and large retail spaces for many other types of businesses. The creativity of the firm’s drafting has been recognized by one of the leading publishers of legal forms who has purchased the rights to reproduce and to sell to the public a lease form we recently drafted. In addition, Vendome Group, LCC has also published a book titled The Insider’s Best Commercial Lease Clauses which has included advice and lease provisions from the nation’s top lease drafters including those by Adam Leitman Bailey, P.C. When it comes to keeping rents low at a Mitchell-Lama complex through innovative creation and management of revenue streams, the legal services provided by Adam Leitman Bailey, P.C. are unmatched.

Landlord-tenant matters in front of HPD, DHCR, and Housing Court

Adam Leitman Bailey, P.C. provides one of the most outstanding landlord-tenant practices in New York City, and the firm constantly appears in front of an HPD, DHCR, Housing Court, and other tribunals to make sure that each building can maintain revenue and keep housing and legal costs affordable. The firm’s team also has particularized experience in dealing with supervising agencies – HPD and DHCR – and regularly and routinely interfacing with them regarding various audits and occupant issues.

Adam Leitman Bailey, P.C is the only the cooperative/condominium law firm with a landlord-tenant/foreclosure practice to have earned an AV® Martindale-Hubbell rating,  Super Lawyers  honors with a Top 100 recognition, Best Lawyers awards for the firm and attorneys, selected among America’s Top 100 Bet-The-Company Litigators, and selection into the Registry of Preeminent Lawyers, as well as the American College of Real Estate Lawyers and a Commercial Observer New York Most Powerful Real Estate Attorney ranking.  Chambers & Partners noted that Adam Leitman Bailey makes his “debut in the rankings following enthusiastic praise for his expertise in landlord and tenant litigation,” and hailed him as “a tenacious and confident litigator who is quick-witted in court and respected by the judges.”

The collective experience of the firm’s team has been responsible for winning landmark decisions in real estate law. The firm’s attorneys have won over a thousand cases in Housing Court, including over 250 appellate court cases, many at the highest court, the Court of Appeals. Besides participating in some of the most important landlord-tenant decisions during the past decade, our attorneys have written some 90 books on landlord-tenant law, including encyclopedias and the Housing Court Reporter, a thirty year collection, organization, and analysis of over 50,000 landlord-tenant cases used by most regular Housing Court practitioners and all landlord-tenant judges.

Insurance Defense Litigation

Using Adam Leitman Bailey, P.C.’s seven decades of combined insurance defense litigation experience, the firm’s litigation attorneys have prevailed in hundreds of cases and have achieved favorable settlements in thousands more.

Adam Leitman Bailey, P.C.s team of attorneys has lectured on trial, pretrial and trial preparation topics, as well as authoring over 90 books, including Trial of a Negligence Case in New York. Team members were a major contributor to Taking and Defending Effective Depositions. Both of these volumes have become standard manuals for New York litigation and trial attorneys.

Adam Leitman Bailey, P.C.’s abilities to keep a Mitchell-Lama complex’s expenses low is rivaled only by its ability to keep the complex’s revenues high.

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