§Why CasetextPricing

Richard Altman, Respondent,v.285 West Fourth LLC, Appellant.

Brief

51 Cited authorities

  1. Roberts v. Tishman Speyer Properties

    2009 N.Y. Slip Op. 7480 (N.Y. 2009)   Cited 371 times
    In Roberts, this Court rejected DHCR's long-standing statutory interpretation and concluded that luxury deregulation was unavailable in any building during receipt of J–51 benefits (13 N.Y.3d at 285–287, 890 N.Y.S.2d 388, 918 N.E.2d 900).

  2. Conason v. Megan Holding, LLC

    2015 N.Y. Slip Op. 1553 (N.Y. 2015)   Cited 238 times
    Making no mention of "decisiveness" formulation

  3. Grimm v. State

    2010 N.Y. Slip Op. 7379 (N.Y. 2010)   Cited 244 times
    Vacating DHCR's denial of overcharge petition and remanding to consider fraud allegations and the reliability of the base date rent where the landlord had significantly increased the rent, offered leases without a rent stabilization rider, required tenants to make improvements at their own expense or pay increased rent, and failed to register the apartment for several years until after service of the complaint

  4. Thornton v. Baron

    5 N.Y.3d 175 (N.Y. 2005)   Cited 202 times
    Finding that tenants alleging rent overcharge may evaluate documents exceeding four-year statute of limitations implemented by RSC § 26-516 to prevent landlord's fraud

  5. Borden ex rel. Others Similarly Situated v. 400 E. 55th St. Assocs., L.P.

    2014 N.Y. Slip Op. 8211 (N.Y. 2014)   Cited 155 times
    Finding it "premature to dismiss class action allegations before an answer is served or pre-certification discovery has been taken"

  6. People v. Hobson

    39 N.Y.2d 479 (N.Y. 1976)   Cited 458 times
    Finding constitutional prohibition against use of statements taken without notice to defense counsel, buttressing suppression and reversal with discussion of DR 7-104 violation

  7. Dixon v. 105 W. 75th St. LLC

    148 A.D.3d 623 (N.Y. App. Div. 2017)   Cited 77 times
    In Dixon, the Appellate Division, First Department held that, on a pre-answer motion to dismiss, the landlord satisfied its burden of demonstrating that it made the necessary improvements to qualify for first rent because it established that it substantially altered the character of the apartment in that it connected it to the new penthouse.

  8. Altschuler v. Jobman 478/480, LLC.

    135 A.D.3d 439 (N.Y. App. Div. 2016)   Cited 66 times
    Finding indicia of fraud where landlord failed to provide evidence of alleged improvements to tenant's apartment sufficient to justify an increase in rent

  9. Columbus Apts., Inc. v. New York State Div. of Hous. & Community Renewal

    5 N.Y.3d 303 (N.Y. 2005)   Cited 91 times

    96. Argued May 4, 2005. Decided June 14, 2005. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered February 26, 2004. The Appellate Division (1) reversed, on the law, a judgment of the Supreme Court, New York County (Sheila Abdus-Salaam, J.), which, in a proceeding pursuant to CPLR article 78, had denied the petition to review a determination of respondent New York State Division of Housing and Community

  10. 72A Realty Assocs. v. Lucas

    101 A.D.3d 401 (N.Y. App. Div. 2012)   Cited 57 times
    In Lucas, the Appellate Division held that the four-year lookback rule should not be applied, even though the court did not find a colorable claim of fraud, in part because the rent charged four years prior to the complaint was a free market rent following improper deregulation.

  11. Section 2520.11 - Applicability

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2520.11   Cited 114 times
    Providing that cooperatives are exempt from regulation under the RSL “so long as they maintain [cooperative] status”

  12. Section 2528.4 - Penalty for failure to register

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2528.4   Cited 18 times

    (a) The failure to properly and timely comply with the rent registration requirements of this Part shall, until such time as such registration is completed, bar an owner from applying for or collecting any rent in excess of: the base date rent, plus any lawful adjustments allowable prior to the failure to register. Such a bar includes but is not limited to rent adjustments pursuant to section 2522.8 of this Title. The late filing of a registration shall result in the elimination, prospectively, of

  13. Section 2506.1 - Determination of legal regulated rents; penalties; fines; assessment of costs; attorney's fees; rent credits; where the proceeding is commenced prior to June 14, 2019

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2506.1   Cited 14 times

    (a) (1) Any owner who is found by the division, after a reasonable opportunity to be heard, to have collected any rent or other consideration in excess of the legal regulated rent shall be ordered to pay to the tenant a penalty equal to three times the amount of such excess, except as provided in subdivision (f) of this section. In no event shall such treble damage penalty be assessed against an owner based solely upon the owner's failure to file any timely or proper rent registration statement.