In three cases decided on Nov. 24, 2014, Gudz v. Jemrock Realty, Downing v. First Lenox Terrace Assoc., and Borden v. 400 East 55th Street Assoc., the New York State Court of Appeals held that tenants can waive their right to seek treble damages so as to bring class action proceedings for rent overcharge. These decisions were the latest in a series of setbacks for landlords before New York State’s highest court. (Co-author Jeffrey Turkel represented the landlord in Borden before the Court of Appeals.).
‘Roberts’
The three cases arise from the Court of Appeals’ Oct. 22, 2009 decision in Roberts v. Tishman Speyer Properties, 13 NY3d 270 (2009). There, the court, by a 4-2 margin, held that landlords whose stabilized buildings were receiving J-51 tax benefits could not seek luxury deregulation while those tax benefits remained in effect.
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