Frequently Asked Questions
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Why did I get a notice?
You received a notice, pursuant to Rule 904 of the New York Civil Practice Law, because records indicate that you may be a member of a plaintiff class in a lawsuit on behalf of tenants in the buildings located at 3660 Oxford Avenue, Bronx, NY 10463, OR 3950 Blackstone Avenue, Bronx, New York 10471, which is currently pending in the New York Supreme Court, County of the Bronx.
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What is this lawsuit about?
Plaintiffs assert that Defendants received J-51 tax benefits for the Buildings. Under New York State law, owners receiving J-51 benefits are required to keep all apartments subject to rent-stabilization laws. Plaintiffs claim that Defendants violated the law by treating apartments as deregulated during the J-51 benefit period.
As a result, Plaintiffs allege that tenants were charged rent above the legally stabilized rent and/or were denied rent-stabilization protections such as proper lease renewals at regulated rates. Defendants deny the allegations.
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What is a class action, and who is involved?
A class action is a lawsuit where one or more persons sue not only on their own behalf, but also on behalf of other people who have similar claims. These other people are known as “class members.” In a class action, one court resolves the issues for all class members.
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Why is this lawsuit a class action?
The Court has certified the lawsuit to proceed as a class action on behalf of:
All tenants at 3660 Oxford and/or 3950 Blackstone living, or who had lived, in apartments that were deregulated during the period when J-51 tax benefits were being received by the owner of 3660 Oxford and/or 3950 Blackstone, except that the Class shall not include (i) any tenants who vacated such apartment prior to January 23, 2014, and (ii) tenants whose occupancy in any such apartment commenced after such J-51 benefits to the Buildings ended.
Further, the Court certified a subclass of all current residential tenants of the Buildings seeking injunctive relief, whose tenancies in the Buildings commenced during the period when J-51 benefits were being received by the owner of the Buildings, and are still in occupancy.
The Court named Plaintiff Lawrence Chaifetz as Lead Plaintiff for the Class.
The Notice is being given to you in the belief that you may be a Class Member whose rights might be affected by this lawsuit. It should not be understood to be an expression of any opinion by the Court concerning the merits of the claims and defenses in this action. The Notice is merely to advise you of the pendency of the action and your rights with respect thereto.
As described in FAQ 6, Class Members have the opportunity to exclude themselves from the damages aspect of the Class by filing an opt-out form with the Court. Apart from this opportunity to opt out, Class Members will be bound by the Court’s determination of the Class’s claims.
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What are the Plaintiffs seeking?
The Plaintiffs seek to recover for rent overcharges from the Defendants for both themselves and the Class. They seek an order returning to rent-regulated status any Class Members’ apartments that were destabilized during the period in which the Defendants received J-51 tax benefits and that have not been returned to rent-stabilized status. Plaintiffs seek to have the Court determine the correct legally regulated rents for the apartments at the Buildings. The Plaintiffs also seek an order that any Class Member residing in an apartment at the Buildings be offered proper lease renewals at regulated rents as required by the rent-stabilization laws.
Plaintiffs are not seeking on behalf of themselves, or the members of the Class, the treble-damages penalty provided for in the rent-stabilization laws and regulations for willful rent overcharges. In seeking class certification, Plaintiffs have agreed to waive that penalty on behalf of themselves and the Class, seeking only injunctive relief and compensatory relief for the actual amounts of the overcharges, plus interest. If you are a Class Member and wish to pursue the statutory penalty, you may do so. But to ensure your ability to pursue treble damages, you must exclude yourself from the Class and commence your own action pursuant to the procedures described in FAQ 6. You should note that any claims that you may be able to pursue individually are governed by a statute of limitations.
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How do I ask the Court to exclude me from the Class?
If you wish to be excluded from the Class, you must send via First-Class Mail a letter setting forth your name, your present address, the address of the apartment at the Buildings in which you resided, the dates of your tenancy at the Buildings, and a statement that you wish to be excluded from the Class to the address below. Your letter must be postmarked on or before June 13, 2026.
If you do not request exclusion from the Class, or if your letter of exclusion is not postmarked on or before June 13, 2026, and the Court determines that you are a Class Member, you will be included in the Class and bound by any judgment ordered by the Court. In the event such judgment results from a settlement by the parties, you will have the right to object to the terms of the settlement, to participate in the settlement, or to exclude yourself from the settlement. If the case proceeds to judgment absent a settlement, and you are a Class Member, you will be bound by the judgment without any further opportunity to exclude yourself or to object.
If you exclude yourself, you will not be bound by the Court’s determination of the Class’s claims—whether positive or negative to the Class—and you will remain free to pursue your own claim for damages independently.
Letters requesting exclusion should be mailed First-Class and postmarked on or before June 13, 2026, to the following address:
Weinreb Building, LLC
Class Action Administration
P.O. Box 5475
Portland, OR 97228-5475
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Can the Defendants retaliate?
State law prohibits the Defendants from terminating your lease or retaliating against you in any fashion because you have joined and/or participated in this lawsuit. The law also provides for additional monetary damages and penalties for retaliation.
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How can I get more information?
You can obtain more information by contacting Class Counsel (Newman Ferrara LLP) by calling 1-212-619-5400 or emailing Roger Sachar at rsachar@nfllp.com.
All communications and discussions with Newman Ferrara LLP, other than requests to opt out of the lawsuit, are confidential and will not be disclosed without your consent.
Please do not contact the Court with questions involving this lawsuit.
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