Insight

Adam Leitman Bailey, P.C. Obtains Restraining Order to Lock Out Violent Illegal Short-Term Rental Operators with New York Police Department Assistance

Adam Leitman Bailey, P.C. Obtains Restraining Order to Lock Out Violent Illegal Short-Term Rental Operators with New York Police Department Assistance

Adam Leitman Bailey

Adam Leitman Bailey

January 5, 2022 12:43 PM

Adam Leitman Bailey, P.C. secured an emergency temporary restraining order for its landlord client before Christmas, obtaining permission from a Supreme Court Judge to change the locks and seal the doors to three apartments with New York Police Department (NYPD) assistance to keep out violent illegal short-term rental operators.

First, Adam Leitman Bailey, P.C. secured a temporary restraining order enjoining a criminal enterprise operating a multiple-apartment illegal short-term rental scheme in our client’s Manhattan building. This order prohibited the tenants from advertising and renting the apartments for short-term use, and also from using, occupying, or maintaining possession of the apartments.

The tenants ignored the Court order. The mastermind of the scheme defaced a copy of the Court’s order, which was posted in the building, forcibly maintained possession of the apartments, continued short-term renting the apartments, disabled the building front door locks, broke the building’s intercom system, covered and ripped out the building’s security cameras, and terrorized building staff, including, by following them to their homes and threatening them with violence.

Without an express directive from the Court authorizing the NYPD to keep the defendants out, and with the tenant lying to the police about his use of the premises, the NYPD refused to keep the defendants away from the apartments and the building.

Adam Leitman Bailey, P.C. then moved by order to show cause to hold the defendants in contempt of the initial Court order. As part of the application, we sought a further order enjoining and restraining the defendants from (i) being withing fifty feet of the building, and (ii) contacting building staff at work and around their homes. Arguing that an order without an enforcement mechanism will not deter the malefactors, we also sought permission to change the apartment locks and seal the doors, and express authority for the NYPD and the Sheriff’s office to assist the owner in enforcing the Court’s order.

We supported our application with detailed affidavits outlining the tenants’ violations of the Court’s initial order, including, embedding in the supporting papers pictures from surveillance footage demonstrating the tenants’ violations of the initial order and their violent behavior. The Court scheduled the motion for emergency oral argument on the temporary restraining order portion of our application.

At oral argument, the prime tenant’s attorney argued that the requested relief was excessive and that our underlying eviction case should be stayed due to the COVID-19 eviction moratorium. We argued that the moratorium was inapplicable because the tenants’ actions fell squarely within the nuisance exception to the moratorium. The Court agreed. We also argued that the Court had already enjoined the tenants from using, occupying, and possessing the premises, that the tenants demonstrably ignored the Court order, that the tenants’ actions were dangerous, and that without an emergency tangible mechanism to enforce the Court’s order, the tenants would continue to wreak havoc in the building.

After oral argument, the Court signed our temporary restraining order application in its entirety, permitting the owner to change the locks and weld the doors of the apartments and expressly authorized the NYPD and the Sheriff’s department to assist and to refrain from in any manner restoring the defendants to possession of the apartments.

Adam Leitman Bailey, Vladimir Mironenko, and Dov Treiman represented the owner-landlord.

Original Article

Related Articles

IN PARTNERSHIP

Foiled Plans: How Adam Leitman Bailey, P.C. Thwarted A Famous Building’s Trickery


by Rebecca Blackwell

When the Frick building, planned renovations that would threaten the welfare of nearby residents, Adam Leitman Bailey, P.C. jumped in to uncover the truth.

Front of the Frick Building in New York City

IN PARTNERSHIP

A Street Fight in the Bronx


by Adam Leitman Bailey

Adam Leitman Bailey’s firm helped settle a Bronx brawl over land between two parties and brought victory against a long-standing powerful family in New York.

Warehouse in New York at night

IN PARTNERSHIP

Heroes Among Men: How Adam Leitman Bailey, P.C. Saved Lives of the Lifesaving


by Rebecca Blackwell

When a 911 Center in New York City was put in danger, Adam Leitman Bailey, P.C. went to work against the unlawful and hazardous actions of a developer whose construction threatened the peace and safety of all who worked for the Fortune 500 company.

Danger construction site no trespassing sign on fence

IN PARTNERSHIP

Adam Leitman Bailey Saves Upper East Cooperative From Forced NYU Combination With Neighboring University Building


by Rebecca Blackwell

When a New York resident of an iconic building was faced with a potentially devastating renovation to his beloved home, powerhouse real estate lawyer Adam Leitman Bailey tightened the knot on the loophole others said didn’t exist.

Large brownstone building with blue sky above in New York City

IN PARTNERSHIP

How To Run a Board Meeting


by Adam Leitman Bailey

Adam Leitman Bailey explains how using Robert's Rules of Order can assist with effective and productive board meetings in real estate matters.

Several people sitting in chairs around boardroom table

IN PARTNERSHIP

The Wolf Near Wall Street


by Rebecca Blackwell

When tensions among shared real estate owners reached their tipping point, Adam Leitman Bailey P.C. stepped in and solved a modern issue with an ancient remedy.

Mortgage documents on desk

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Unveiling the 2025 Best Lawyers Editions in Brazil, Mexico, Portugal and South Africa


by Jennifer Verta

Best Lawyers celebrates the finest in law, reaffirming its commitment to the global legal community.

Flags of Brazil, Mexico, Portugal and South Africa, representing Best Lawyers countries

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background

The Human Cost


by Justin Smulison

2 new EU laws aim to reshape global business by enforcing ethical supply chains, focusing on human rights and sustainability

Worker wearing hat stands in field carrying equipemtn

Beyond the Billables


by Michele M. Jochner

In a recently conducted, comprehensive study, data reveals a plethora of hidden realities that parents working full-time in the legal industry face every day.

Women in business attire pushing stroller takes a phone call