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STULZ v. 305 RIVERSIDE CORP.

4099. 102681/12.

150 A.D.3d 558 (2017)

2017 NY Slip Op 04066

56 N.Y.S.3d 46

SUSAN STULZ et al., Appellants, v. 305 RIVERSIDE CORP., Respondent.

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

Decided May 23, 2017.

As a result of the Court of Appeals decision in Roberts v Tishman Speyer Props., L.P. (13 N.Y.3d 270 [2009]), a tenant is entitled to rent-stabilized status for the duration of the tenancy and to collect any rent overcharges, where an apartment was improperly deregulated at a time when the landlord was receiving J-51 benefits (see 72A Realty Assoc. v Lucas, 101 A.D.3d 401, 401-402 [1st Dept...

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