Insight

Knowledge of Finer Intricacies of Complicated J-51 Overcharge Laws and Formulas Result in Massive Savings for Adam Leitman Bailey, P.C. Landlord-Client

Knowledge of Finer Intricacies of Complicated J-51 Overcharge Laws and Formulas Result in Massive Savings for Adam Leitman Bailey, P.C. Landlord-Client

Adam Leitman Bailey

Written by Adam Leitman Bailey

Published: August 13, 2021

New York City owners who participated in the J-51 tax exemption and abatement program have faced a surge of class action cases over the last five years that nonprofit tenant advocacy groups have brought. The crux of these class actions’ claims was that owners should suffer a rollback of rent to the rates charged years ago and return supposedly overpaid rent to the tenants. Underlying this was the claim that owners did not return apartments to rent stabilization following the 2009 Court of Appeals decision in Roberts v. Tishman Speyer Props., L.P. holding luxury deregulation of apartments unavailable in J-51 buildings. In 2018, the laws in this area were unsettled while many trial courts issued decision after decision that not only favored the tenants but allowed for an ongoing accumulation of interest on their money claims.

A long-time client of Adam Leitman Bailey, P.C. fell victim to a J-51 rent overcharge class action case, but the firm quickly resolved the case on terms favorable to the owner at a time when the trial courts were issuing one pro-tenant decision after another that triggered the potential for massive damages against its client.

Immediately after its initial meeting with its client, Adam Leitman Bailey, P.C. began to strategize how best to proceed given the substantial size of the proposed class and the costs, the time, and the risks associated with aggressive litigation. Through aggressive advocacy in negotiations, the attorneys secured a settlement wherein the rents did not change and any overpaid rent was returned in accordance with a formula negotiated by the attorneys based on current case law.

The firm’s resolution of this case would later mirror the rent calculation formula set by the Court of Appeals on April 2, 2020, in the Matter of Regina v. New York State Division of Housing and Community Renewal. Years before Regina, Adam Leitman Bailey, P.C. navigated the laws stacked against landlords and negotiated with reason to effectuate a settlement saving its client years in litigation expenses.

One person involved in the case noted, “Adam Leitman Bailey, P.C. nailed it, with its incredible math aptitude, combined with its negotiation skills, possibly saving tens of millions of dollars”.

Adam Leitman Bailey, Dov Treiman, and Carolyn Z. Rualo of Adam Leitman Bailey, P.C. represented the landlord in this matter.

Original Case Study

Adam Leitman Bailey, P.C.

Trending Articles

What AI Visibility Means for Lawyers


by Josh Rupall and Bryan Driscoll

AI tools increasingly interpret lawyers public information. Clear, consistent and credible sources help ensure they describe legal expertise accurately.

AI dashboard visualizing a lawyer's online profile, reputation, and practice information across mult

The Best Lawyers in Canada 2027: Recognizing the Nation's Top Legal Talent


by Jamilla Tabbara

Honoring established leaders and rising practitioners across Canada's legal profession.

3D model of Canada textured with the Canadian flag.

Recognizing Legal Leaders: The 2027 Best Lawyers Awards in Australia, Japan and Singapore


by Jamilla Tabbara

Market drivers, diversity trends and the elite practitioners shaping the legal landscape.

Illustrated maps of Australia, Japan and Singapore displayed with their national flags, representing

2027 Best Lawyers Awards: Honoring Excellence in the Legal Profession


by Jamilla Tabbara

Recognizing the outstanding attorneys leading top practice areas nationwide.

United States with American flag representing The Best Lawyers in America 2027 awards

Musk v. Altman: The Lawyers Behind the Case


by Jamilla Tabbara

Meet the Trial Lawyers Shaping One of AI's Biggest Legal Disputes.

Portrait photos of Elon Musk and Sam Altman positioned in front of the OpenAI logo.

Announcing the 2027 Best Lawyers Awards: Austria, Germany and Switzerland


by Jamilla Tabbara

Celebrating the legal professionals throughout Central Europe.

Graphic displaying three-dimensional map cutouts of Austria, Germany and Switzerland.

The Legal Teams Behind the Blake Lively–Justin Baldoni Settlement


by Grace Greer

A closer look at the legal teams and attorneys involved in the Blake Lively–Justin Baldoni litigation and its resolution.

Split-screen image of Blake Lively and Justin Baldoni

The Best Lawyers in France 2027: Peer-Reviewed Excellence


by Jamilla Tabbara

Seventeen editions of peer trust, a growing profession and a dynamic legal market.

3D Map of France with National Flag Graphic

Rules on Gifting Money to Family: What to Know


by Bryan Driscoll

Generosity often runs ahead of paperwork. Here's how to give to loved ones without surprising the IRS, your estate plan or your relationships.

An open gift box filled with US $100 bills next to a lid tied with a red bow.

New England's Climate Litigation Surge


by Bryan Driscoll

What law firms need to know

New England's Climate Litigation Surge: What Firms Must Know headline

Who Can Override a Power of Attorney?


by Bryan Driscoll

A power of attorney carries real legal authority, but it isn't absolute. Here's who can step in to revoke, restrict or set it aside.

Close-up of a power of attorney document, symbolizing legal authority, revocation rights, guardiansh

How to Optimize Your Best Lawyers Profile for AI Search


by Everett Sizemore

Learn how a complete, well-structured Best Lawyers profile can strengthen your visibility and accuracy across AI search platforms.

A laptop screen displaying the Best Lawyers profile dashboard showing customizable sections.

Best Lawyers Launches ChatGPT App


by Jennifer Verta

Expanding Trusted Legal Guidance Into AI-Driven Search

A glowing digital network overlay on a person typing on a laptop, representing AI in legal search.

Turn Client Questions Into Content That AI Search Can Find


by Bryan Driscoll and Manny Candal

Client questions are becoming search inputs. Your firm’s content should answer them clearly.

Pile of question marks with a single bright yellow question mark in the center, representing search.

How Peer Review Works: Best Lawyers Methodology Explained


by Jamilla Tabbara

Understanding the independent, data-driven framework that defines professional legal standing.

A glowing professional icon surrounded by incoming arrows, symbolizing data collection and feedback.

When to Hire a Real Estate Attorney


by Bryan Driscoll

Not every deal requires one but in the right situations, a real estate attorney can be the difference between a smooth closing and a costly mistake.

A pink graphic showing a silhouette pushing a house, beside a torn newspaper clipping with the headl
Smithy AI Tap to expand

Welcome to Smithy AI the Best Lawyers Assistant

I can help you find attorneys, compare firms, explore practice areas, and surface rankings curated from the Best Lawyers methodology.

Not legal advice This assistant provides general information only. For guidance on your specific situation, please consult a licensed attorney.
Learn about Best Lawyers Research Process
Suggested prompts
Chat limit reached
You've reached the message limit for this chat. To keep exploring, browse Best Lawyers directly or come back later to start a fresh conversation.
Browse Best Lawyers