NEWS REGARDING STUYVESANT TOWN COURT OF APPEALS DECISION

DAVID A. KAMINSKY & ASSOCIATES P.C.
212-571-1227
WWW.DAVIDAKAMINSKY.COM

Dear client, friend, acquaintance:

You may have been following the pending lawsuit between Stuyvesant Town and its tenants regarding rent overcharge claims. The basic concept is that Stuyvesant Town said it was entitled to deregulate rent stabilized apartments and charge market rents even though they were receiving J-51 real estate tax credits. The law of J-51 tax benefits states that if the landlord is receiving such tax benefits, all rent stabilized apartments must remain rent stabilized.

The Court of Appeals, which is the highest court in the State of New York, found that Stuyvesant Town improperly deregulated apartments which if administered properly, should have been remained under rent stabilization. What this means is that tenants of those apartments have been overcharged, and may be entitled to receive such overcharges back. It is also possible that if courts find the overcharges to be willful, that the tenants will be entitled to treble damages, meaning the overcharge actually received by the landlord will be tripled and then returned to the tenant.

While the "test case" of this issue has been Stuyvesant Town, the same set of facts applies to many other buildings within the city of New York where owners/landlords obtained and were receiving J-51 benefits and deregulated apartments, and charging the tenants the legally inflated market rents.

IF YOU BELIEVE YOU OR SOMEONE YOU KNOW MAY BE AFFECTED BY THIS RULING, PLEASE HAVE THEM CONTACT ME AND I CAN HELP THEM DETERMINE IF THEY ARE IN FACT BEING OVERCHARGED AND ARE ENTITLED TO RECEIVE ANY MONEY BACK FROM THEIR LANDLORD.

I will not charge you or them for this consultation and it certainly does not hurt to take a few moments to look into this situation and try to understand if you or someone you know has any rights to receive moneys back from your landlord. The overcharge refund can be substantial and it is very possible that there could be interest, treble damages and attorneys fees that are recoverable as well.

If you have absolutely no idea what I am talking about in this email, feel free to call me and I will do my best to explain it to you. I understand that this is a rather technical topic and may be hard to follow.

Sincerely,

David A. Kaminsky, Esq.
212-571-1227
DAVID@DAVIDAKAMINSKY.COM