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On April 2, 2020, the Court of Appeals, by a 4-3 margin, issued a lengthy and groundbreaking decision in Regina Metro Co. v New York State Div. of Hous. & Community Renewal. The decision collectively decided four rent overcharge cases arising from Roberts v Tishman Speyer Props., L.P., 13 NY3d 270 (2009), wherein the Court of Appeals had ruled that luxury deregulation was unavailable in buildings receiving J-51 benefits. The landlords in Regina had deregulated various apartments based on advice from DHCR that luxury deregulation was not prohibited in such buildings. The question in Regina was how to compute base rents and rent overcharges in such cases.
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Statutory Damages Awarded Against Building Owner Who Whitewashed Artwork
Sale Contract Bars Action for Fraudulent Misrepresentation, Concealment, and Inducement
Ambiguity In Restrictive Covenant Limits Enforcement
Constructive Trust Imposed Based On Alleged Oral Agreement
Buffer Zone Included In Rezoned Area for Purposes of Town Law’s Supermajority Requirement
Short-Term Rentals Do Not Qualify As Single-Family Use
Insurance Failure Precludes Exercise of Purchase Option
Additional Allowance to Condemnee Disallowed