Tenant in J-51 Building Is Rent Stabilized

Tenant sued landlord, claiming that she was subject to rent stabilization because the building received J-51 tax benefits when she moved in. She also claimed a rent overcharge. Landlord disputed this, despite the Court of Appeals' ruling on this question in Roberts v. Tishman Speyer Properties. Landlord admitted that the Roberts decision was retroactive, but claimed that tenant's complaint was time-barred. The court ruled there was no question that tenant was rent stabilized, because landlord admitted her status. But a trial was needed on whether there was any rent overcharge. Landlord's proof of its rent calculations was only the rents themselves. Tenant also had submitted insufficient proof of her rent.

Sandlow v. 305 Riverside Corp.: Index No. 106025/2011, NYLJ No. 1202548495738 (Sup. Ct. NY; 3/26/12; Kenney, J)