MATTER OF 73 WARREN ST., LLC v. STATE OF NEW YORK DIV. OF HOUS. & COMMUNITY RENEWAL

6883, 116585/09.

96 A.D.3d 524 (2012)

948 N.Y.S.2d 2

2012 NY Slip Op 4820

In the Matter of 73 WARREN STREET, LLC, Appellant, v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

June 14, 2012.


Petitioner is the owner of a residential building in which respondent Victor Schrager has rented an apartment since 1984. The building was not rent regulated until 1977, at which time it became rent-stabilized when petitioner began to receive J-51 tax benefits. It is undisputed that no lease received by Schrager ever advised him that his apartment was subject to regulation when the tax benefits expired, which they did in 1990.

Petitioner commenced a high-rent/high...

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