The New York State Court of Appeals will hear arguments on the J-51 "Roberts" ruling on Thursday, September 10.
If the lower court ruling is upheld, Tishman Speyer will be forced to return the affected units to rent-stabilized status, lowering rents for many tenants currently paying market rate prices. It would also be forced to reimburse current and past tenants for money that they have paid above what the legal regulated rents should have been. An estimated 300,000 units city-wide whose owners receive J-51 benefits may be affected by this ruling.
The court convenes on September 10 at 2:00pm. To watch the oral arguments live on the Internet that day, go to http://www.nycourts.gov/
The case comes as Reuters reports that the borrowed interest reserves that were part of the loans used to buy Stuy Town & Peter Cooper Village could run out in four months. The interest reserves on the property fell to $56.5 million at the end of July, down from the $400 million at the time the loans were underwritten.
Tishman Speyer purchased the two megadevelopments in 2006 for $5.4 billion, with the intention of converting as many rent stabilized units as possible to market rates. While a tenant victory in the Court of Appeals would officially halt this plan, the development was already in financial trouble, as Tishman wasn't able to push out the rent regulated tenants out as fast as they had projected.
