Condo Owners, Tenants Don't Have to Disclose Income for Landlord's Assessment Appeal

Landlord, the owner of a condominium building, filed for a review of the property tax assessments for the years 1994-95 through 2005-06. The City Tax Commission claimed that condo apartments must be taxed as if they were rent stabilized. The Tax Commission asked the court to direct landlord to disclose information regarding the level of the combined annual income of the owners and tenants of the individual condo apartments. The commission claimed that this information would allow its expert to determine whether any of the apartments were eligible for rent deregulation. The court ruled against the commission. The court found that there were other ways to determine the value of the apartments without such a time-consuming and unwarranted invasion of privacy. The court also pointed out that this building was not rent stabilized, and that apartments in New York City were both regulated and deregulated. Thus, it was not appropriate to assess the apartments as if they were rent stabilized.

Trump Parc Condominium v. Tax Commission of the City of New York: NYLJ, 12/20/06, p. 25, col. 3 (Sup. Ct. NY; Tolub, J)