Save Mitchell-Lama - U or P case: Landlords trying to get OUT of court?

Landlords including Larry Gluck of Stellar Management and Arnold Goldstein of Samson Management, asked the court to let them withdraw their case "without prejudice" (meaning they can bring it again later). The court said NO. (See article above.)

They had joined their case to the pending "Columbus 95" case (Columbus House, owned by Steve Witkoff of Witkoff Realty), when that case was pending before a judge with a reputation among some for being pro-landlord. When he stepped out of the case because of a possible conflict of interest, it was assigned to another judge with a reputation for fairness. Click here for a chart of the case as of July 7, 2010.

So now, having resisted letting DHCR decide their "unique or peculiar circumstances" applications for their respective buildings and even asked the court to bar such determination, the landlords have changed their minds. Now they say they want DHCR to decide their applications - it would be quicker.

The buildings for which these applications are pending include:

BRONX:

Highbridge House Ogden, LLC (formerly Highbridge House) - Bronx
Noble Mansion Associates LLC (Bronx)
Stellar 2020 LLC (Boulevard Towers I) (Bronx)
Stellar Bruckner, LLC (Bruckner Towers) (Bronx)
"Janet"[sic] Towers LLC (Janel Towers) (Bronx)
Stellar Morrison LLC (Bronx)
Stellar Sedgwick LLC (1889 Sedgwick) (Bronx)
Stellar Undercliff, LLC (Undercliff) (Bronx)

BROOKLYN

Stellar 341 LLC (Prospect Towers) (Brooklyn)

MANHATTAN

Axton Owner LLC (New Amsterdam)
Central Park Gardens (West 97th St. Realty Corp.)
Columbus Manor LLC
Town House West, LLC
Westview (765 Amsterdam Ave LLC)
Westwood House, LLC

HEMPSTEAD, NASSAU COUNTY

Hempstead Stellar Plaza LLC (Hempstead Plaza) (Nassau County)

Note that the Columbus House ("Columbus 95") case continues. Click on "read more" below for more details.

On Wednesday, January 21, 2009, Justice Alice Schlesinger heard argument by the lawyers for the owners of those buildings seeking to withdraw their case and instead have it heard and decided first by DHCR - whose decision they would then appeal to court.

Lawyers for the State's Division of Housing and Community Renewal (DHCR) and for the State's Attorney General argued against the withdrawal.

Lawyers for at least some of the 9 tenant associations that have intervened in the case argued that withdrawal should only be permitted if the landlords pay the tenant associations' legal fees for fighting the case so far.

Justice Schlesinger reserved judgment in the case; she will decide shortly.

In the next couple of months, the State Legislature may be considering the Andrea Stewart-Cousins bill (see below), which will be assigned a new number in this new January term of the legislature.

Bill Text - A07811 Back | New York State

S T A T E O F N E W Y O R K ________________________________________________________________________

[Number for last term: S. 5284 A. 7811 ]

2007-2008 Regular Sessions

S E N A T E - A S S E M B L Y

April 25, 2007

___________

IN SENATE -- Introduced by Sens. STEWART-COUSINS, KRUEGER, CONNOR, DIAZ, DUANE, HASSELL-THOMPSON, ONORATO, OPPENHEIMER, PARKER, PERKINS, SABI NI, SAVINO, SCHNEIDERMAN, SERRANO, SMITH -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development

IN ASSEMBLY -- Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Housing

AN ACT to amend the emergency tenant protection act of nineteen seventy-four, in relation to limited-profit housing companies and other buildings or structures which received project-based rental assistance

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:

1 Section 1. Section 5 of section 4 of chapter 576 of the laws of 1974
2 constituting the emergency tenant protection act of nineteen seventy-
3 four is amended by adding a new subdivision c to read as follows:
4 C. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NOTHING SHALL
5 PREVENT THE DECLARATION OF AN EMERGENCY PURSUANT TO SECTION THREE OF
6 THIS ACT FOR RENTAL HOUSING ACCOMMODATIONS LOCATED IN BUILDINGS OR
7 STRUCTURES WHICH WERE OWNED BY A COMPANY ESTABLISHED UNDER ARTICLE TWO
8 OF THE PRIVATE HOUSING FINANCE LAW, OTHER THAN A MUTUAL COMPANY, WHICH
9 ARE NO LONGER OWNED BY SUCH COMPANY BY REASON OF A VOLUNTARY DISSOLUTION
10 PURSUANT TO SECTION THIRTY-FIVE OF SUCH LAW OR FOR RENTAL HOUSING ACCOM-
11 MODATIONS LOCATED IN BUILDINGS OR STRUCTURES DEFINED AS COVERED PROJECTS
12 PURSUANT TO SECTION 8 OF THE UNITED STATES HOUSING ACT OF NINETEEN THIR-
13 TY-SEVEN, AS AMENDED, OR ANY SUCCESSOR STATUTE, AND ANY REGULATIONS
14 PROMULGATED THEREUNDER IN WHICH RENTAL HOUSING ACCOMMODATIONS RECEIVED
15 PROJECT-BASED RENTAL ASSISTANCE FROM THE UNITED STATES DEPARTMENT OF
16 HOUSING AND URBAN DEVELOPMENT PURSUANT TO CONTRACTS WITH THE OWNERS OF
17 SUCH BUILDINGS OR STRUCTURES WHICH EXPIRED OR WERE TERMINATED. THE
18 PROVISIONS OF SUBDIVISION A OF SECTION NINE OF THIS ACT OR OF SUBDIVI-

EXPLANATION--Matter in ITALICS (underscored) is new;
matter in brackets { } is old law to be omitted.

LBD10096-02-7

1 SION A OF SECTION 26-513 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
2 YORK SHALL NOT APPLY TO ANY HOUSING ACCOMMODATION WHICH BECAME SUBJECT
3 TO THIS ACT PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION.
4 S 2. This act shall take effect immediately and shall apply in the
5 case of housing companies that dissolved or had contracts for rental
6 assistance that expired or were terminated on, before or after such
7 date; provided that the amendments to section 5 of the emergency tenant
8 protection act of nineteen seventy-four made by section one of this act
9 shall expire on the same date as such act expires and shall not affect
10 the expiration of such act as provided in section 17 of chapter 576 of
11 the laws of 1974.