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UWS Man Overcharged By Landlord Scores $2.5 Million Apartment For $784/Month (Plus $900K Refund)


By

Ben Yakas

Published Jan 8, 2016

Modified Jan 8, 2016


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By

Ben Yakas

Published Jan 8, 2016

Modified Jan 8, 2016


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An appellate court ruled unanimously this week that an Upper West Side man has been illegally overcharged by his landlord for the last 16 years—and he has been rewarded $900K in restitution, and had his rent stabilized at his $2.5 million apartment for under $800/month.

The News reports that Lane Altschuler's landlord illegally deregulated his rent-stabilized apartment soon after he moved into the three-bed, two-bath at 478 Central Park West in 2000. Altschuler, a 63-year-old construction supervisor, was paying $3,750 a month for the apartment by 2009, about five times more than he should have been paying.

His lawyer, Christian Siebott, argued that landlord Mann Realty had deregulated the apartment to allow the rent hikes, then hid the change from state regulators. A court ruled in 2013 that Altschuler's apartment should have stayed under market rate because Realty had received over $310K in J-51 tax benefits.

Because this was a "willful" violation of state law, Altschuler was able to successfully sue to collect back rent and treble damages (which are awarded to punish landlords who don’t file annual rent-stabilization rates with the city).

"[Realty] believed at all times it was acting in accordance with the rent laws,” said their attorney Madga Cruz. "The extreme penalties that the appellate court has now upheld, without any trial, are unprecedented."

Altogether, Altschuler was awarded $876,619.10 (plus interest); his rent has been set at $784 a month (the Post points out that an apartment two floors below the same unit recently sold for $2.5 million). The rent will stay at that amount until Altschuler vacates the apartment, even though the J-51 abatement on the building is ending.

While this was a very specific case involving the J-51 tax benefits (find out if it applies to your building today!), ProPublica reports this week that as many as 200,000 city apartments may not be rent stabilized when they should be, putting tenants at risk of overcharges or illegal evictions.

Tagged

apartment

landlord

overcharged

rent

Upper West Side

uws


Ben Yakas

Ben Yakas is a former Gothamist reporter.

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Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


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