Legal Opinion

Schiffren v. Lawlor

Appellate Division of the Supreme Court of the State of New York

Decided December 11, 2012PublishedCited by 7 opinions

1Opinion of the Court

This court is called upon, once again, to consider the interplay of an owner’s participation in the J-51 tax benefit program (see RPTL 489; Administrative Code of City of NY § 11-243) with luxury deregulation of a rent-regulated dwelling unit (see Rent Stabilization Law of 1969 [Administrative Code of City of NY] § 26-504). It is undisputed that petitioner was a rent-stabilized *457tenant, pursuant to the Rent Stabilization Law of 1969, when he first moved into the dwelling unit in September 1989. The owner subsequently obtained J-51 tax benefits, which have since expired. The issue raised on…

2Cases cited4 opinions

  1. Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
  2. Matter of Nestor v. New York State Division of Housing and Community RenewalNew York Court of Appeals · 1999
  3. Nestor v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1999
  4. Parcel 242 Realty v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by7 opinions

  1. Matter of Park v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2017
  2. Taylor v. 72A Realty Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of RAM I LLC v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2014
  4. Matter of Bramwell v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2017
  5. Taylor v. 72A Realty Assoc., L.P.Appellate Division of the Supreme Court of the State of New York · 2017

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