Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, 2018 NY Slip Op 5797 (2018)

Citation: Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, 2018 NY Slip Op 5797 (2018)
Parent Document: Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, 2018 NY Slip Op 5797 (2018)
Jurisdiction: New York (state)
Effective Date: 2018-08-16
Original Source: https://www.courtlistener.com/opinion/4527194/matter-of-regina-metro-co-llc-v... ↗

Full Text

709 chars

The majority's reliance on Matter of Park v New York State Div. of Hous. & Community Renewal (150 AD3d 105 [1st Dept 2017], lv dismissed 30 NY3d 961 [2017]) and Todres v W7879, LLC (137 AD3d 597 [1st Dept 2016], lv denied 28 NY3d 910 [2016], supra) for its result is misplaced. Todres was a straightforward fraud case where the court found that there was no fraudulent deregulation scheme; it did not involve an impermissible deregulation of the apartment during the landlord's receipt of J-51 tax benefits. Matter of Park illustrates a situation in which an apartment might have been improperly deregulated, but because of an intervening vacancy, the tenant asserting the overcharge had no standing to do so.

Other Sections in This Document (82)

Full Text