Roberts Ruling Applied Retroactively to Declare Tenant Rent Stabilized

In a dispute between landlord and tenant, the DRA declared that tenant was subject to rent stabilization pursuant to the 2009 ruling of New York's highest court in Roberts v. Tishman Speyer Properties. Landlord appealed and lost. Landlord argued that tenant moved into the building four years before the Roberts decision was issued and that the Roberts ruling shouldn't be applied retroactively. At most it should be applied only prospectively. The DHCR disagreed and denied landlord's PAR. After the 2009 Roberts decision, appellate courts in 2011 applied the decision retroactively in several cases, including Gersten v. 56 7th Avenue LLC, 72A Realty Associates v. Lucas, and the remanded Roberts case.

Clermont York Associates, LLC: DHCR Adm. Rev. Docket No. AW410038RO (5/30/14) [2-pg. doc.]