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Scott E. Mollen Scott E. Mollen

Commercial Landlord-Tenant—Tenant Obligated to Pay Real Estate Taxes Without Consideration of Tax Abatements and Exemptions

A bench trial in a summary nonpayment proceeding determined whether pursuant to the terms of the lease, the tenant is permitted to benefit from tax abatements and benefits provided to the landlord, “in the calculation of its additional real estate tax.” The court held that based on the explicit language of the lease, the tenant was not entitled to benefit from tax abatements or other exemption benefits.

The parties had entered into a ten-year commercial lease which commenced May 1, 2011. The leased premises were located in a mixed-use building, which included some rent stabilized residential apartments. The landlord received J-51 benefits and participated in the Senior Citizen Rent Increase Exemption (SCRIE) program.

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