Legal Opinion

Matter of RAM I LLC v. New York State Div. of Hous. & Community Renewal

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

Decided October 7, 2014No. 114412/11PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Sweeny, J.

The issue in this case is whether an apartment that was subject to rent control prior to receiving J-51 tax benefits remains exempt from luxury deregulation by virtue of its rent-controlled status after the J-51 benefits expire, notwithstanding the fact that it is otherwise qualified for luxury deregulation. For the following reasons, we hold that the present statutory scheme requires it to remain exempt.

The apartment at issue in this case was, at all times relevant to this proceeding, subject to the New York City Rent and Rehabilitation Law (Administrative Code…

2Cases cited8 opinions

  1. Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
  2. Raritan Development Corp. v. SilvaNew York Court of Appeals · 1997
  3. Tompkins v. . HunterNew York Court of Appeals · 1896
  4. KSLM-Columbus Apartments, Inc. v. New York State Division of HousingNew York Court of Appeals · 2005
  5. Jones v. BillNew York Court of Appeals · 2008

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3Cited by5 opinions

  1. Matter of Rossi v. New York City Dept. of Parks & RecreationAppellate Division of the Supreme Court of the State of New York · 2015
  2. Matter of Tribeca Equity Partners, L.P. v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Rossi v. New York City Dept. of Parks & RecreationAppellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of West 81st Garage, LLC v. New York City Dept. of Bldgs.Appellate Division of the Supreme Court of the State of New York · 2024
  5. Tribeca Equity Partners, L.P. v. New York State Division of Housing & Community RenewalNew York Supreme Court · 2015

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