New York, NY 10/27/2009 7:41:44 AM
News / Business

Bernstein Liebhard LLP Wins Major Victory in the New York State Court of Appeals on Behalf of New York City Tenants

On October 22, 2009, the New York State Court of Appeals, in a majority opinion, ruled in favor of tenants of the Stuyvesant Town and Peter Cooper Village apartment complexes in Manhattan, holding that their apartments had been illegally destabilized.  The case is captioned Roberts v. Tishman Speyer, L.P., et al., N.Y. Sup. Ct., N.Y. Co. Index No. 100956/07, and the decision reinstates a 2007 class action complaint for rent overcharges that had been filed by tenants. The core legal issue was whether landlords could permissibly deregulate and charge market rents for certain so-called “luxury” apartment units in these complexes in years in which the landlords were simultaneously receiving tax abatements from New York City known as “J-51” benefits. The Court of Appeals ruled that the New York statutory scheme prevents landlords of rent stabilized buildings from charging market rents while receiving J-51 benefits for as long as they continue to receive those tax benefits.

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ATTORNEY ADVERTISING. © 2009 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information
Ronald Aranoff, Esq.
Christian Siebott, Esq.
Bernstein Liebhard LLP
http://www.bernlieb.com
(212) 799-1414