State of New York Court of Appeals
State of New York OPINION Court of Appeals This opinion is uncorrected and subject to revision before publication in the New York Reports. No. 50 John Kuzmich, et al., Appellants, v. 50 Murray Street Acquisition LLC, Respondent. -------------------------------------------- No. 51 William T. West, et al., Appellants, v. B.C.R.E. - 90 West Street, LLC, Respondent, Lee Rosen, Defendant. Case No. 50: Robert S. Smith, for appellants. James M. McGuire, for respondent. Metropolitan Council on Housing; The Real Estate Board of New York, amici curiae. Case No. 51: Robert S. Smith, for appellants. Magda L. Cruz, for respondent. STEIN, J.: The question presented on these appeals is whether plaintiffs’ apartments, which are located in buildings receiving tax benefits pursuant to Real Property Tax Law (RPTL) § 421-g, are subject to the luxury deregulation provisions of the Rent Stabilization Law - 1 - - 2 - Nos. 50, 51 (RSL) (see generally Rent Stabilization Law of 1969 [Administrative Code of City of New York § 26-504.1]). We conclude that they are not and, therefore, reverse. I In each of these cases, plaintiffs are individual tenants of rented apartments located in lower Manhattan, which are owned by defendants, 50 Murray Street Acquisition LLC or B.C.R.E. – 90 West Street, LLC.1 Defendants have received certain tax benefits pursuant to section 421-g of the RPTL in connection with the conversion of their buildings from office space to residential use. In these actions, plaintiffs seek, among other things, a declaration that their apartments are subject to rent stabilization. Plaintiffs allege that defendants failed to treat the apartments as rent stabilized even though the receipt of benefits under RPTL 421-g is expressly conditioned upon the regulation of rents in the subject buildings.
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