Altman v 285 West Fourth LLC

Altman was decided in favor of the owner; on April 26, 2018 the Court of Appeals unanimously reversed the Appellate Division decision and held that the owner was entitled to deregulate the apartment in question using the vacancy allowance to reach the threshold for deregulation. This decision now holds that any apartment that was vacant between April 1, 1997 and before June 16, 2011 could be deregulated if the legal rent, INCLUDING ANY VACANCY INCREASE OR OTHER LEGAL INCREASES (IE: INDIVIDUAL APARTMENT IMPROVEMENTS), reached above the then $2,000 threshold for deregulation.

The decision specifically states that as the vacancy in this case occurred in 2005 the decision does not address the 2015 amendments to the Statute.

To read the decision in its entirety, click here