Rent Overcharge Calculation Must Be Revised to Reflect Regina Decision
LVT Number: #30911
Current and former tenants sued landlord in 2009 for improper deregulation and rent overcharge in several consolidated class action cases. Various apartments had been deregulated starting in 1993 although the building complex received J-51 tax benefits starting in July 2003. Ninety-five apartments were deregulated before 2003, and landlord continued to deregulate more units after 2003. In 2009, the Court of Appeals decision in Roberts v. Tishman Speyer Props. established that deregulation while receiving J-51 tax benefits was improper.
Dugan v. London Terrace Gardens, LP: Index Nos. 603458/09, 8719, 2020 NY Slip Op 04239 (App. Div. 1 Dept.; 7/23/20; Richter, JP, Gische, Kern, Oing, Moulton, JJ)