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ALTSCHULER v. JOBMAN 478/480, LLC.

603556/09 - 16557, 603556/09 - 16556, 603556/09 - 16555, 603556/09 - 16554, 603556/09 - 16553

135 A.D.3d 439 (2016)

22 N.Y.S.3d 427

2016 NY Slip Op 00035

LANE ALTSCHULER, Respondent, v. JOBMAN 478/480, LLC., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 7, 2016.

Supreme Court correctly found that defendant improperly deregulated the apartment while it was receiving J-51 tax benefits, entitling plaintiff to rent-stabilized status for the duration of his tenancy and to collect any rent overcharges (see 72A Realty Assoc. v Lucas, 101 A.D.3d 401, 401-402 [1st Dept 2012]). We reject defendant's contention that it properly deregulated the apartment in reliance on a 1996 DHCR advisory opinion....

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