72A Realty Associates v. Lucas

In light of the Court of Appeals’ decision in Roberts v Tishman Speyer Props., L.P. (13 NY3d 270 [2009]) and subsequent case law giving retroactive effect to Roberts (Roberts v Tishman Speyer Props., L.P, 89 AD3d 444, 445 [1st Dept 2011]; Gersten v 56 7th Ave. LLC, 88 AD3d 189, 196-197 [1st Dept 2011]), tenant is entitled to rent-stabilized status for the duration of her *402tenancy and to collect any rent overcharges, as her apartment was improperly deregulated by landlord while it was receiving J-51 tax benefits. That the J-51 benefits subsequently expired does not support landlord’s claim that…