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

Article Tags:

Trending Articles

The Family Law Loophole That Lets Sex Offenders Parent Kids


by Bryan Driscoll

Is the state's surrogacy framework putting children at risk?

family law surrogacy adoption headline

Unenforceable HOA Rules: What Homeowners Can Do About Illegal HOA Actions


by Bryan Driscoll

Not every HOA rule is legal. Learn how to recognize and fight unenforceable HOA rules that overstep the law.

Wooden model houses connected together representing homeowners associations

Best Lawyers 2026: Discover the Honorees in Brazil, Mexico, Portugal, South Africa and Spain


by Jamilla Tabbara

A growing international network of recognized legal professionals.

Map highlighting the 2026 Best Lawyers honorees across Brazil, Mexico, Portugal, South Africa and Sp

Holiday Pay Explained: Federal Rules and Employer Policies


by Bryan Driscoll

Understand how paid holidays work, when employers must follow their policies and when legal guidance may be necessary.

Stack of money wrapped in a festive bow, symbolizing holiday pay

Can a Green Card Be Revoked?


by Bryan Driscoll

Revocation requires a legal basis, notice and the chance to respond before status can be taken away.

Close-up of a U.S. Permanent Resident Card showing the text 'PERMANENT RESIDENT'

New Texas Family Laws Transform Navigating Divorce, Custody


by Bryan Driscoll

Reforms are sweeping, philosophically distinct and designed to change the way families operate.

definition of family headline

US Tariff Uncertainty Throws Canada Into Legal Purgatory


by Bryan Driscoll

The message is clear: There is no returning to pre-2025 normalcy.

US Tariff Uncertainty Throws Canada Into Legal Purgatory headline

How Far Back Can the IRS Audit You?


by Bryan Driscoll

Clear answers on IRS statutes of limitations, recordkeeping and what to do if you are under review.

Gloved hand holding a spread of one-hundred-dollar bills near an IRS tax document

The 2026 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

The region’s most highly regarded lawyers.

Map highlighting Chile, Colombia and Puerto Rico for the 2026 Best Lawyers Awards

Can You File Bankruptcy on Credit Cards


by Bryan Driscoll

Understanding your options for relief from overwhelming debt.

Red credit card on point-of-sale terminal representing credit card debt

Uber’s Staged Accidents Lawsuit a Signal Flare for Future of Fraud Litigation


by Bryan Driscoll

Civil RICO is no longer niche, and corporate defendants are no longer content to play defense.

Uber staged car crash headline

Anthropic Class Action a Warning Shot for AI Industry


by Bryan Driscoll

The signal is clear: Courts, not Congress, are writing the first rules of AI.

authors vs anthropic ai lawsuit headline

How to Get Full Custody of a Child


by Bryan Driscoll

Learn the legal steps, required evidence and common misconceptions about full custody to protect your parental rights.

Child holding hands with two parents, symbolizing custody

How AI Is Changing the Way Clients Find Lawyers


by Jamilla Tabbara

Best Lawyers CEO Phil Greer explains how AI-driven search tools are reshaping legal marketing and why credibility markers matter.

AI chat bubble icon with stars representing artificial intelligence transforming client-lawyer conne

Canadian Firms Explore AI, But Few Fully Embrace the Shift


by David L. Brown

BLF survey reveals caution despite momentum.

Canadian Firms Explore AI, But Few Fully Embrace the Shift headline

Colorado’s 2026 Water Rights Battles


by Bryan Driscoll

A new era of conflict begins.

Colorado Water Rights 2026: A New Era of Conflict headline