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Posted by brett on May 23, 2001 at 15:42:27:

In Reply to: Answer to luxury decontrol question posted by New York Tenant on May 22, 2001 at 21:40:09:

: Unless reversed by the Court of Appeals, the decision of the Appellate Division, First Department in the case of In Application of Missionary Sisters may make you subject to the legal maximum rent, instead of the preferential rent. See the article in the May 23rd online edition of the New York Law Journal:

Thanks for posting the ruling. My question now is: Can landlords use this ruling to toss out preferential rents? My lease is coming up for renewal in a few months. This ruling affects THOUSANDS of tenants.
It was a split decision, which means an appeal to the Court of Appeals is likely to be accepted, no? So if it is, and reversed, coudln't that subject landlords who follow the Appellate Division ruling to overcharge complaints? I presume the DHCR will not change its policy. Or will it? Important questiions.

Follow Ups:

• The above post makes me sick Angry Sara 05/26/01 (2)
  • And you're a bit misinformed TenantNet 05/26/01 (1)
    • He/she/it can't read brett 05/28/01 (0)

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: : Unless reversed by the Court of Appeals, the decision of the Appellate Division, First Department in the case of In Application of Missionary Sisters may make you subject to the legal maximum rent, instead of the preferential rent.  See the article in the May 23rd online edition of the New York Law Journal:  

: Thanks for posting the ruling. My question now is: Can landlords use this ruling to toss out preferential rents? My lease is coming up for renewal in a few months. This ruling affects THOUSANDS of tenants.
: It was a split decision, which means an appeal to the Court of Appeals is likely to be accepted, no? So if it is, and reversed, coudln't that subject landlords who follow the Appellate Division ruling to overcharge complaints? I presume the DHCR will not change its policy. Or will it? Important questiions.


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