Legal Opinion
Denza v. Independence Plaza Associates, LLC
Appellate Division of the Supreme Court of the State of New York
Decided April 3, 2012PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
These appeals present the question of whether the continued receipt of J-51 tax benefits by the owner of a housing complex, following the owner’s withdrawal of the complex from the Mitchell-Lama program, triggers the applicability of the Rent Stabilization Law even if those benefits were determined to have been unauthorized from the moment of the withdrawal, and were retroactively repaid.
Independence Plaza North (IPN) is a residential housing development constructed in 1974 under the Mitchell-Lama program (Private Housing Finance Law art II), which grants…
2Cases cited5 opinions
- Peckham v. CalogeroNew York Court of Appeals · 2009
- Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
- Matter of Kilgus v. Bd. of Estimate of City of NyNew York Court of Appeals · 1955
- United States v. wb/stellar Ip Owner LLCDistrict Court, S.D. New York · 2011
- Independence Plaza North Tenants' Ass'n v. Independence Plaza AssociatesNew York Supreme Court · 2010
3Cited by4 opinions
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- BSREP UA Riv. Crossing LLC v. DavisAppellate Terms of the Supreme Court of New York · 2016
- Dugan v. London Terrace Gardens, L.P.New York Supreme Court · 2013
- North-Driggs Holdings, LLC v. BurstinerCivil Court of the City of New York · 2014