In its June 14, 2012 decision in 73 Warren Street v. New York State Division of Housing and Community Renewal,1 the Appellate Division, First Department, may have stated, in dicta, that in a building that was stabilized before the receipt of J-51 benefits, an owner can only take advantage of luxury deregulation where (1) the J-51 benefits expire, and (2) the tenant in occupancy at the time the J-51 benefits expired (and who is the subject of the luxury deregulation proceeding) was served with a notice pursuant to RSC §2520.11(o) stating that upon the expiration of J-51 benefits, the apartment would no longer be rent stabilized.
If that is indeed what the First Department saidand it is not at all clearthe First Department appears to have acted contrary to its own precedent and contrary to the governing statute.
Two Types of Buildings
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