Tenants Can Join in Landlord's Challenge to Building Tax Assessment

LVT Number: #24799

Landlord sued the NYC Tax Commission to challenge the assessed valuation of its building for the tax years 2009/10 and 2010/11. Landlord claimed that the valuations of the property for those years were excessive. The assessment was based on the building's value after rehabilitation and MCI work, and after the city denied landlord's application for J-51 tax benefits. The city asked the court to dismiss the case. The Parkhill Tenants Committee then asked the court for permission to intervene in the case as an interested party.

Landlord sued the NYC Tax Commission to challenge the assessed valuation of its building for the tax years 2009/10 and 2010/11. Landlord claimed that the valuations of the property for those years were excessive. The assessment was based on the building's value after rehabilitation and MCI work, and after the city denied landlord's application for J-51 tax benefits. The city asked the court to dismiss the case. The Parkhill Tenants Committee then asked the court for permission to intervene in the case as an interested party. The court ruled for tenants and allowed them to join in the case and submit a response to the city's motion to dismiss. If the city's denial of J-51 benefits stood, tenants would lose significant and substantial rights and services that they would receive otherwise by becoming subject to rent stabilization. They would also lose their current level of services if finances forced landlord to give up security and community services located at the building.

Poonam Apartments, Inc. v. The Tax Commission of the City of New York: Index Nos. 95298/09, 95238/10, NYLJ No. 1202597506683 (Sup. Ct. Richmond; 4/25/13; Pesce, J)