Legal Opinion

Bartis v. Harbor Tech, LLC

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

Decided December 28, 2016No. 2014-08569PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Dickerson, J.

Introduction

Under section 5 (a) (5) of the Emergency Tenant Protection Act of 1974, “housing accommodations” in buildings completed or “substantially rehabilitated as family units” on or after January 1,1974 are exempt from rent stabilization rules (Emergency Tenant Protection Act of 1974 [ETPA] § 5 [a] [5] [McKinney’s Uncons Laws of NY § 8625 (a) (5) (L 1974, ch 576, sec 4, § 5 [a] [5], as amended)]). On this appeal, we determine that housing accommodations in a building that was converted from a completely commercial building to a completely residential…

2Cases cited19 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
  3. Salvati v. EimickeNew York Court of Appeals · 1988
  4. City of New York v. MaulNew York Court of Appeals · 2010
  5. Ackerman v. Price WaterhouseAppellate Division of the Supreme Court of the State of New York · 1998

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3Cited by3 opinions

  1. 37-20 104th St. v. SanchezAppellate Terms of the Supreme Court of New York · 2022
  2. 867-871 Knickerbocker, LLC v. PoliAppellate Terms of the Supreme Court of New York · 2019
  3. Matter of Jourdain v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2018

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