Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This article is the second in a series examining developments in rent overcharge litigation over the past 10 years. It reviews rulings by the Appellate Division, First Department, which has issued more decisions on this topic than any other appeals court. Indeed, the gradual rise in rent overcharge litigation in New York County can be traced directly to the First Department’s 2009 decision in Roberts v. Tishman Speyer Props., L.P., which was upheld by the Court of Appeals. 62 A.D.3d 71 (1st Dep’t 2009), aff’d 13 N.Y.3d 270 (2009). The landlord in Roberts had improperly removed the entire Peter Cooper Village/Stuyvesant Town apartment complex from rent stabilization while it was enrolled in the “J-51 real estate tax abatement program.” See RPTL §489. The court’s high profile ruling against the landlord begat a trend towards filing rent overcharge claims in the courts, instead of submitting them to the New York State Division of Housing and Community Renewal (DHCR), the administrative agency created as the venue for such claims. The increase in appellate rulings followed this uptick in Supreme Court overcharge filings. The First Department’s post-Roberts decisions have reviewed: (1) Roberts (i.e., J-51-based) overcharge claims; (2) Grimm (i.e., fraud-based) overcharge claims; (3) “regulatory status” claims; (4) Article 78 petitions; and (5) other miscellaneous legal issues. For the sake of space, only the first topic is discussed in this article.

A “Roberts-based claim” is an allegation of a rent overcharge arising from a landlord’s improper deregulation of a rent-stabilized unit in a building enrolled in the J-51 program. The First Department’s first major post-Roberts ruling was in Gersten v. 56 7th Ave. LLC, 88 A.D.3d 189 (1st Dep’t 2011), which held that the Roberts holding should be applied retroactively. As a result, tenants may now challenge improper apartment deregulations that took place before Roberts was decided. The tenants in Gersten had failed to file timely deregulation challenges, however, so the court found them collaterally estopped from challenging a later DHCR order that recognized the improper deregulation.

This content has been archived.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


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 © 2020 ALM Media Properties, LLC. All Rights Reserved.