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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.
Landlord Liable for Overcharge Collected By Tenant
Federal Pre-Emption Exempted Apartments from Rent Stabilization
Broker Entitled to Commission Even Without Contract
Questions of Fact Remain About Standing to De-Accelerate Mortgage Debt
Installment Seller Cannot Enforce Forfeiture Clause in Ejectment Action
Seasonal Use Sufficient to Establish Prescriptive Easement
Changes in Regulatory Landscape Justify Rescission of Negative Declaration
Definition of Family Not Unconstitutionally Vague
By Timothy Hill
In a recent decision, the Eastern District of New York dismissed a multi-pronged challenge to a local municipal ordinance that regulates rental of property on a short-term or transient basis.