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ALTMAN v. 285 W. FOURTH LLC

No. 44.

31 N.Y.3d 178 (2018)

99 N.E.3d 858

75 N.Y.S.3d 465

2018 NY Slip Op 02829

RICHARD ALTMAN, Respondent, v. 285 WEST FOURTH LLC, Appellant.

Court of Appeals of New York.

Decided April 26, 2018.

Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York City (Jeffrey Turkel and Blaine Z. Schwadel of counsel), and Amsterdam & Lewinter, LLP, New York City (Mark L. Amsterdam, Mark Lewinter and Joseph P. Mitchell of counsel), for appellant.

Lawrence W. Rader, New York City, for respondent.

Belkin Burden Wenig & Goldman, LLP, New York City (Magda L. Cruz, Sherwin Belkin and Matthew S. Brett of counsel), for Rent Stabilization Association of New York City, Inc, and others, amici curiae.

Hogan Lovells US LLP, New York City (Pieter Van Tol, David R. Michaeli and Daryl L. Kleiman of counsel), for Urban Justice Center and others, amici curiae.

Ezra Kautz, Brooklyn, for Make the Road New York and another, amici curiae.

OPINION OF THE COURT

The issue on this appeal is whether the 20% vacancy increase should be included when calculating the legal regulated rent for purposes of determining whether the subject apartment has reached the $2,000 deregulation threshold in the Rent Stabilization Law. We conclude that the vacancy increase...

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