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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
New York law has long required that zoning be in accordance with a comprehensive plan. Historically, the plan requirement has been toothless. Legislative efforts to invigorate the requirement have largely been ignored by the courts. Yet litigants continue to challenge zoning ordinances as inconsistent with a comprehensive plan.
Ownership of Shifting Beaches
Brokerage Commission Provision Expired
Adverse Possession/Tennis Court
Deed Obtained by False Pretenses
Negative Declaration/Time Bar
No Estoppel Against Village
Denial of Area Variance
Prior Judgment Does Not Bar Breach Claim
Accommodation of Disabilities