As noted in a previous post David scored a big win for tenants in buildings in receipt of J-51 tax abatements when he convinced a Housing Court judge to vacate a stipulation signed by a tenant without benefit of counsel. In that stipulation, the tenant agreed to pay the full rent claimed due by the landlord even though the rent had never been properly registered or recognized as rent stabilized.
The landlord appealed and the appellate court affirmed the lower court. The case now goes back to Housing Court to determine the legal rent and the amount of the overcharge due to the tenant.
