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Landlord Tenant Law Litigation Regulations

Computing Rent Overcharges in Light of Roberts

In Roberts v. Tishman Speyer Props, L.P., the Court of Appeals established that a landlord receiving J-51 benefits could not avail itself of the benefits of luxury deregulation.

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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.

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