Partner Todd E. Soloway, Chair of Pryor Cashman’s Real Estate Litigation Group, and Counsel Luisa K. Hagemeier have authored an article, “ʻRoberts’: Issues Yet to Be Decided, Part II,” which appeared in the December 19, 2012 edition of The New York Law Journal.

When the New York Court of Appeals held in Roberts v. Tishman Speyer Properties that units in buildings receiving “J-51 benefits” may not be removed from rent regulation, even if deregulation would otherwise be permissible (the Roberts rule), shock waves rippled through the New York City apartment rental industry. While insiders predicted dire ramifications, the court counseled that the scope and application of the Roberts rule depended on the resolution of “issues yet to be decided, including retroactivity, class certification, the statue of limitations and other defenses that may be applicable to particular tenants.” In their August 29, 2012 article, “Post-‘Roberts’: How Issues ‘Yet to Be Decided’ Were Decided,” Soloway and Hagemeier reviewed the First Department’s treatment of the abovementioned issues.

In their most recent column, “ʻRoberts’: Issues Yet to Be Decided, Part II,” Soloway and Hagemeier address three more issues recently resolved by the First Department:

• The calculation of overcharges based on a "Roberts" violation,
• Treble damages and
• The question of whether any unit in a building caught in the Roberts snare can ever be eligible for high-rent/high-income ("luxury") deregulation.

To read the full article, click here.