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MATTER OF REGINA METRO. CO., LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

5026. 101235/15. 101236/15.

164 A.D.3d 420 (2018)

84 N.Y.S.3d 91

2018 NY Slip Op 05797

In the Matter of Regina Metropolitan Co., LLC, Appellant, v. New York State Division of Housing and Community Renewal, Respondent, and Leslie E. Carr, Intervenor-Respondent. In the Matter of Leslie E. Carr, Appellant, v. New York State Division of Housing and Community Renewal, Respondent, and Regina Metropolitan Co., LLC, Intervenor-Respondent.

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

Decided August 16, 2018.

This appeal follows in the long wake of Roberts v Tishman Speyer Props., L.P. (13 N.Y.3d 270 [2009]). In Roberts, the Court of Appeals held that apartments in buildings receiving benefits under the City's J-51 tax incentive program remain subject to rent stabilization for at least as long as the building continues to enjoy J-51 benefits.1 In Gersten v 56 7th Ave. LLC (88...

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