Warren A. Estis and Jeffrey Turkel Tribunals Split on Effect of Post-'Roberts' Conduct
In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss the questions left open after Roberts v. Tishman Speyer where the Court of Appeals held that apartments in J-51 buildings could not be luxury deregulated while J-51 benefits remained in effect, and how the First Department, Second Department, and DHCR have all answered these questions differently.
January 04, 2022 at 10:18 AM
7 minute read
In Roberts v. Tishman Speyer Props., L.P., 13 NY3d 270 (2009), the Court of Appeals, reversing DHCR's long-standing policy, held that apartments in J-51 buildings could not be luxury deregulated while J-51 benefits remained in effect. Roberts left a host of unanswered questions, including whether its ruling should be applied retroactively.
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