Tenant sued landlord for rent overcharge and a declaration that his apartment was rent stabilized. Tenant claimed that landlord had improperly deregulated the apartment while the building still received J-51 tax benefits. Landlord argued that the Court of Appeals decision in the case of Roberts v. Tishman Speyer Properties LP shouldn't be applied retroactively and that, in any event, there was no overcharge. The court ruled for landlord in part.
Tenant sued landlord for rent overcharge and a declaration that his apartment was rent stabilized. Tenant claimed that landlord had improperly deregulated the apartment while the building still received J-51 tax benefits. Landlord argued that the Court of Appeals decision in the case of Roberts v. Tishman Speyer Properties LP shouldn't be applied retroactively and that, in any event, there was no overcharge. The court ruled for landlord in part. Although New York's highest court didn't rule on retroactivity in Roberts, the lower appeals court in that case specifically ruled that Roberts would be applied retroactively. However, the four-year rule applied to tenant's overcharge claim, and the court found no overcharge.
Baron v. Laurence Towers: Index No. 106835/2010, NYLJ No. 1202569848636 (Sup. Ct. NY; 8/14/12; Gische, J)
