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New York Legal

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New York Gov. Andrew Cuomo. REUTERS/Brendan McDermid

New York tenants fight rent deregulation bill

5/13/2011 COMMENTS (0)

NEW YORK, May 13 (Reuters) - Tenants of the Stuyvesant Town and Peter Cooper Village complex are urging Governor Andrew Cuomo to denounce a bill they said would block their efforts to recoup hundreds of millions of dollars in illegal rent hikes.

The bill takes aim at a Court of Appeals' decision in Roberts v. Tishman Speyer Properties, which held that owners of the complex illegally deregulated thousands of rent-stabilized apartments while collecting government tax breaks.

In an open letter to Cuomo, representatives for the 10,000 current and former Stuyvesant Town residents who are plaintiffs in the Roberts case called the bill "bad public policy," arguing that the complex's past and present owners would be let off lightly for past misdeeds.

"Now that they have been caught by Roberts, the landlords want the current Legislature to do an end run around the courts and pardon them from having broken the law," the letter said.

Under the bill, landlords would have one of two options. They could either repay the tax breaks to the city and continue renting out apartments at free-market rates, or keep the tax breaks and refund certain rent overpayments based on a predetermined formula.

Depending which option they chose, the current and former owners would owe between $10 million and $40 million, far less than the $200 million in rent overcharges the tenants said they were owed in their class-action suit in 2007.

The plaintiffs in the Roberts case estimate the bill would hit as many as 40,000 tenants citywide.

The sponsor of the bill, New York State Senator Catherine Young has argued that the Roberts plaintiffs were not the low-income and moderate-income New Yorkers who need rent regulation.

"When the court made its decision, it was clear that they wanted a legislative remedy," Young told Reuters on Fridya. "This would solve a very difficult issue, and it would help the city's budget."

The New York State Senate Housing Committee voted 5-3 on May 4 to send the bill to the Senate floor for a vote.

If the state Senate passes the bill, it must be approved by both the Democrat-controlled Assembly and Governor Cuomo before it can be passed into law. Meanwhile, state lawmakers are wrestling with a general extension of the state's rent stabilization laws, which are set to expire on June 15.

The case is Roberts v. Tishman Speyer Properties, New York State Court of Appeals, No. 13 NY3d 270.

(Reporting by Jessica Dye)


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