As many have observed, the Court of Appeals’ 2009 decision in Roberts v. Tishman Speyer Props., L.P.1 left many questions unanswered as to how erroneously deregulated apartments in J-51 buildings should be returned to the rent stabilization fold. One question was how to compute stabilization rents for those apartments, many of which had been renting at market rates for years. Another question was whether luxury deregulation would again be available to owners once J-51 benefits expired.

In two recent decisions, 72A Realty Assocs. v. Lucas2 and Schiffren v. Lawlor,3 the Appellate Division, First Department addressed these issues.

‘Lucas’

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