No Overcharge Found for Tenant in J-51 Building

August 8, 2012

LVT Number: #24244

Tenant sued landlord, seeking a declaration that his apartment was rent stabilized and a finding of rent overcharge. Landlord had claimed that tenant's apartment was unregulated due to high-rent vacancy deregulation, but eventually admitted that even though the building was already rent stabilized when it began accepting J-51 tax benefits, luxury deregulation was unavailable under the Court of Appeals ruling in Roberts v. Tishman Speyer Properties. But the court dismissed tenant's rent overcharge claim.

Tenant sued landlord, seeking a declaration that his apartment was rent stabilized and a finding of rent overcharge. Landlord had claimed that tenant's apartment was unregulated due to high-rent vacancy deregulation, but eventually admitted that even though the building was already rent stabilized when it began accepting J-51 tax benefits, luxury deregulation was unavailable under the Court of Appeals ruling in Roberts v. Tishman Speyer Properties. But the court dismissed tenant's rent overcharge claim. When tenant signed a lease in May 2009, a lower court ruling in Tishman had been stayed. So landlord wasn't responsible for not giving tenant a rent-stabilized lease at that time.

Cohen v. 820 West End Ave: Index No. 100223/11, NYLJ No. 1202564197360 (Sup. Ct. NY; 6/29/12; Wooten, J)

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