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RAM I LLC v. DHCR

114412/11

123 A.D.3d 102 (2014)

993 N.Y.S.2d 706

2014 NY Slip Op 06784

In the Matter of RAM I LLC, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Appellants.

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

Decided October 7, 2014.

Attorney(s) appearing for the Case

Gary R. Connor , New York City ( Martin B. Schneider of counsel), for New York State Division of Housing and Community Renewal, appellant.

Cozen O'Connor, New York City ( Menachem J. Kastner and Ally Hack of counsel), for Phyllis Berk, appellant.

Graubard Miller , New York City ( Lawrence D. Bernfeld , Peter A. Schwarz and Neil P. Ritter of counsel), for respondent.

RENWICK, ANDRIAS, RICHTER and KAPNICK, JJ., concur.

OPINION OF THE COURT

The issue in this case is whether an apartment that was subject to rent control prior to receiving J-51 tax benefits remains exempt from luxury deregulation by virtue of its rent-controlled status after the J-51 benefits expire, notwithstanding the fact that it is otherwise qualified for luxury deregulation...

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