Legal Opinion

Timkovsky v. 56 Bennett, LLC

New York Supreme Court

Decided February 17, 2009PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Emily Jane Goodman, J.

Plaintiffs receive Section 8 vouchers pursuant to 42 USC § 1437 et seq., and have asked their landlords, who all receive J-51 tax abatements, to accept their vouchers. The J-51 law contains a provision which explicitly bars certain economic discrimination by landlords who receive public benefits in the form of tax abatements (Administrative Code of City of NY § 11-243 [k]). The landlord defendants have refused to accept plaintiffs’ vouchers and claim that they cannot be compelled to do so because participation in Section 8 is voluntary.1 They further…

2Cases cited5 opinions

  1. Flores v. Lower East Side Services Center, Inc.New York Court of Appeals · 2005
  2. Rosario v. Diagonal Realty, LLCNew York Court of Appeals · 2007
  3. Weinstock v. HandlerAppellate Division of the Supreme Court of the State of New York · 1998
  4. Kosoglyadov v. 3130 Brighton Seventh, LLCAppellate Division of the Supreme Court of the State of New York · 2008
  5. Wetzler v. Roosevelt Raceway, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

3Cited by6 opinions

  1. Tapia v. Successful Management Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Austin Apartment Ass'n v. City of AustinDistrict Court, W.D. Texas · 2015
  3. Rakhman v. Alco Realty I, L.P.New York Supreme Court · 2010
  4. Cadillac Leasing L.P. v. Demoyano, Civil Court Of The City Of New York, Queens County2025
  5. Cadillac Leasing L.P. v. Demoyano, Civil Court Of The City Of New York, Queens County2025

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