Tenant in J-51 Building Claims Overcharge

March 7, 2012

LVT Number: #23924

Tenant sued landlord for rent overcharge, claiming that landlord illegally charged market rent even though landlord received J-51 tax benefits for the building. Tenant claimed that he was therefore rent stabilized and the apartment had been improperly deregulated. Tenant reiled on a prior Court of Appeals decision in the case of Roberts v. Tishman Speyer Properties. Landlord pointed out that tenant claimed an overcharge for periods before the Roberts case was decided by the high court and argued that Roberts should be applied prospectively only, not retroactively.

Tenant sued landlord for rent overcharge, claiming that landlord illegally charged market rent even though landlord received J-51 tax benefits for the building. Tenant claimed that he was therefore rent stabilized and the apartment had been improperly deregulated. Tenant reiled on a prior Court of Appeals decision in the case of Roberts v. Tishman Speyer Properties. Landlord pointed out that tenant claimed an overcharge for periods before the Roberts case was decided by the high court and argued that Roberts should be applied prospectively only, not retroactively. The court ruled against landlord. An appeals court had already decided that the Roberts court decision applied retroactively.

Rebibo v. Axton Owners Inc.: Index No. 105995/10, NYLJ No. 1202540754651 (Sup. Ct. NY; 1/11/12; Scarpulla, J)

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