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Ever since Roberts v Tishman Speyer Props., 13 NY3d 270 (2009), it has been an article of faith that a building’s receipt of J-51 benefits means that all of the apartments therein automatically become rent-stabilized. If those apartments were already rent-stabilized, they become, under the logic of Roberts, stabilized a second time. The second layer of rent stabilization has the effect of barring luxury deregulation, at least until J–51 benefits expire. See, Schiffren v Lawlor, 101 AD3d 456 (1st Dept 2012).
By Stewart E. Sterk
The New York City Landmarks Preservation Law authorizes the Landmarks Preservation Commission (LPC) to designate interior landmarks as well as exterior landmarks. An interior site is eligible for designation only if the public has access to the site, but once the LPC has designated the interior landmark, can the LPC authorize its owner to close the landmark to public access?
City Not Estopped from Preventing Construction of Building Despite Longstanding Interpretation of Zoning Resolution
Broker Breaches Fiduciary Duty By Making Offer That Competes With Client
Amendment to Association Bylaws Not Effective Until They Are Recorded
Seller Entitled to Cancel Contract When It Could Not Clear Title
Buyer’s Waiver of Defects In Title Preclude Cancellation By Seller
Questions of Fact Preclude Summary Judgment on Mortgage Contingency Issues
Broker Not Entitled to Summary Judgment on Fraud Claim By Prior Owner
Easement By Prescription Established
Failure to Procure Insurance Not a Curable Breach; Yellowstone Injunction Denied