Practicing in the field of landlord-tenant law is unique in that the losing party will often have to pay the prevailing party an award of its reasonable legal fees. In England there is a rule (called the English Rule) that provides that the losing party to ...
Tag: J-51 tax abatement
January 24, 2014Joshua C. Price
In light of the landmark Roberts decision (a case that held that owners who had received J51 tax benefits from the City of New York and then subsequently deregulated rent stabilized apartments were liable ...
December 20, 2013Joshua C. Price
A few days ago the Appellate Division, First Department issued a decision in which it affirmed the long-held principle that a landlord and a tenant cannot enter into an enforceable agreement in which the parties have opted out of rent stabilization. I wrote an ...
November 27, 2013Joshua C. Price
Yesterday the Appellate Division, First Department released its decision in the case of 72A Realty Associates v. Lucas, 2012 N.Y. Slip Op. 08241 (1st Dept 2012) and in so doing has dramatically reshaped the landscape of rent overcharge cases. The statute of limitations has ...
December 5, 2012Joshua C. Price
The Appellate Division, First Department released a decision in the case of In re London Terrace Gardens v. City of New York, 2012 NY Slip Op 07078 (1st Dept. 2012) that resolved a question debated by landlords since the Court of Appeals released its ...
October 24, 2012Joshua C. Price
One of the more interesting issues presented by the Roberts case is that where a landlord has incorrectly deregulated several apartments in a building that the landlord will only suffer the consequences of that error when a tenant stands up for his/her rights. In other words, ...
August 20, 2012Joshua C. Price
The Appellate Division, First Department has rendered a decision that gives more teeth to the landmark case of Roberts v. Tishman Speyer, 13 N.Y.3d 270 (2009). It is the law that when landlords accept J51 tax benefits in respect of a particular building, those landlords are required to subject their ...
April 2, 2012Joshua C. Price