A state appellate panel has found that the Court of Appeals’ landmark ruling in Roberts v. Tishman-Speyer, 13 NY3d 270, which barred rent deregulation for an apartment in a building receiving J-51 tax benefits, applies retroactively. But the panel also ruled that if an apartment was deregulated by order of a city agency and remained with the same tenants, the order is final and cannot be challenged.
The Appellate Division, First Department’s unanimous opinion in Gersten v. 56 7th Ave. LLC, 603878/09, was written by Justice Dianne T. Renwick (See Profile) and joined by Justices Peter Tom (See Profile), John W. Sweeny Jr. (See Profile), Rolando T. Acosta (See Profile) and Sallie Manzanet-Daniels (See Profile).
