X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

As the authors note in “First Department Splits on Four Year Rule.” there were two dissents in the case of Regina Metropolitan v. DHCR, 164 AD 3d 420 (1st.dept.2018).  The dissent essentially followed a unanimous previous decision of the same court with which the three-judge court majority in Regina disagreed. We represent the tenants in Regina. As a result of the two-justice dissent, the tenants simply filed their appeal directly to the Court of Appeals, without any motion for leave as the article states. However, the article correctly noted that the DHCR moved in the First Department for leave to appeal and that motion is pending.

As for any inference, that the three justices of the Appellate Division have now shown the DHCR that they will approve a methodology allowing the use of the rent from an unlawfully deregulated lease, we strongly disagree. There is simply no good reasoning to allow a landlord to use the rent from an unlawfully deregulated lease.  Such a methodology would reward the landlord who unlawfully deregulated an apartment with what the landlord wanted most – a higher rent. Also, as Justice Gische pointed out in both her dissent in Regina, as well as the unanimous decision in Taylor v. 72 Realty, in order to properly give retroactive effect to the rule in the Court of Appeals in Roberts, the courts must lawfully determine what the rent should have been had the landlord properly kept the apartment in rent regulation.  The use of a rent that is simply lifted from an illegally-deregulated lease would entirely run afoul of this principle.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

Dig Deeper

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.