As various commentators have observed, the Court of Appeals’ decision in Roberts v. Tishman Speyer Properties, L.P., 13 NY 3d 270, 889 N.Y.S.2d 388 (2009), raised more questions than it answered. Indeed, the majority in Roberts acknowledged that the decision failed to resolve various issues, “including retroactivity, class certification, statute of limitations and other defenses that may be applicable to particular tenants.”
As the dust continues to settle, some of these questions are now being answered. Indeed, the state Division of Housing and Community Renewal (DHCR) has issued two clarifying rulings in recent weeks. In addition, proposed legislation would allow landlords to avoid the consequences of Roberts by refunding past J-51 benefits and waiving future benefits.
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