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In Roberts v. Tishman Speyer Props, L.P., 13 N.Y.3d 270, the Court of Appeals established that a landlord receiving J-51 benefits could not avail itself of the benefits of luxury deregulation. When a tenant brings an overcharge complaint based on improper luxury deregulation, how should the overcharge be computed? That issue has spawned conflicting decision in the First Department, and seems destined to reach the Court of Appeals.
By Deborah E. Riegel
When developers convert occupied buildings to condominiums or, less frequently, cooperative ownership, non-purchasing tenants are protected from eviction. When tenants in those buildings acquire vested rights as non-purchasing tenants is significant for developers, because the timing dictates the number of units that will be available for sale to outside purchasers. It is, therefore, no surprise that this is a highly charged and contested issue.
Cemetery Entitled to Use Variance
ZBA Usurpation of Planning Board Authority
Statutory Factors Need to Be Considered In Denial of Area Variance
Condemnation Award Reduced
Title Insurance Inducements
Purchaser’s Willful Default/Down Payment
Tortious Interference Claim Reinstated