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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Liggett v. Lew Realty LLC, 42 N.Y.3d 415 (2024)

Citation
Liggett v. Lew Realty LLC, 42 N.Y.3d 415 (2024)
Parent Document
Liggett v. Lew Realty LLC, 42 N.Y.3d 415 (2024)
Jurisdiction
New York (state)
Effective Date
2024-06-20

Full Text

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The right to file an FMRA is one such "benefit . . . of the RSL." As with all of the RSL's protections, this right is meant "not to protect just a tenant, but to ensure the viability of the rent regulation system which protects tenancies in general, provides predictability to landlords, and significantly enhances the social, economic and demographic stability of New York City" (390 W. End Assoc. v Harel, 298 AD2d 11, 16 [1st Dept 2002]). The availability of an FMRA provides a crucial check on the initial rent for a rent-stabilized apartment. Because that amount serves as the baseline against which subsequent rent increases are calculated, it can affect the apartment's subsequent status and in turn, the overall stock of rent-stabilized apartments in New York City.{**42 NY3d at 421}