An appellate panel gave both landlords and tenants something to complain about last week, ruling that the Court of Appeals’ 2009 landmark ruling barring rent deregulation in buildings receiving J-51 tax credits, Roberts v. Tishman Speyer, 13 NY3d 270, applies retroactively, while also concluding that landlords need not lower the base rent of apartments that were wrongly deregulated.
In 72A Realty Associates v. Lucas, 570514/10, the Appellate Term, First Department, ruled that Roberts “was properly applied retroactively” by Civil Court Judge Peter M. Wendt (See Profile), who held in May 2010 that Sandra Lucas’ East Village apartment was rent-stabilized because her 76-unit building was receiving J-51 benefits for the first few months of her lease in 2002, even though 72A Realty Associates always charged her market rent.
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