J-51 Update

Dec 31, 2011

Updated 12/31/11 - The J-51 appeals were argued in NY's intermediate appellate court, the Appellate Division, on December 14, 2011. The court reserved decision and will issue a ruling at a date that is entirely up to them. In the meantime, all we can do is await the decision. The losing party, may then seek to appeal the decision to the state's highest court, the NY Court of Appeals.

Dec 1, 2011

In September 2010 Judge Marcy Friedman of the NYS Supreme Court decided that apartments at
Independence Plaza are rent stabilized. The decision was based on IPN’s owner’s receipt of tax abatement (J-51) requiring that apartments in buildings covered by the abatement be rent regulated.

IPN was rent regulated until 2004--when the current landlord exited the New York State Mitchell Lama program, which was designed to guarantee affordable housing for New York’s working and middle class people. The J-51 tax abatement required that the apartments continue to be rent regulated.

In June 2011 the landlord appealed this decision. On December 14 the intermediate appeals court (known as the Appellate Division) will be hearing the arguments from both sides on whether to uphold the lower court’s decision. (In New York State, the lower court is called the Supreme Court.)

The court is located at 27 Madison Avenue (entrance on 25 Street). IPN tenants who wish to attend may do so. This case and several others are on the calendar for 2:30 PM. If you wish to attend, arrive by 2:00; be prepared to wait on line and to go through magnetometers. Those attending will also be expected to follow court protocol.