Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)

Citation: Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)
Parent Document: Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)
Jurisdiction: New York (state)
Effective Date: 2023-10-03
Original Source: https://www.courtlistener.com/opinion/9430365/aras-v-b-u-realty-corp/ ↗

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In 2009, the Court of Appeals in Roberts v Tishman Speyer Properties, L.P. affirmed this Court's ruling that "all apartments in buildings receiving J—51 tax benefits are subject to the RSL during the entire period in which the owner receives such benefits" (Roberts, 62 AD3d 71, 81 [1st Dept 2009], affd 13 NY3d 270). The Court of Appeals held that landlords receiving tax benefits under New York City's "J-51" program forfeited their rights under the "luxury decontrol" provisions of the RSL in effect at the time. The Court ruled that was true whether those units were already subject to rent stabilization prior to receipt of J-51 benefits or became rent-stabilized solely because the landlord received J-51 benefits (13 NY3d at 283-284). In August 2011, this Court held in Gersten v 56 7th Avenue LLC that the holding in Roberts applied retroactively (88 AD3d 189, 198 [1st Dept 2011], appeal withdrawn 18 NY3d 954 [2012]).

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