William Grey v. LIC Development Owner, L.P.

This website has been set up because the Court in charge of this lawsuit has certified this case as a class action, and this website is to inform the members of the Class with regular updates on the case. You were identified as a possible member of the Class. The Court in charge of this case is the Supreme Court for the State of New York, and the case is called Grey V. LIC.

The purpose of this website is to inform you about this lawsuit, the certification of the case as a class action, and your options of staying in the Class or asking to be excluded from the Class and the case.

The lawsuit is a class action, alleging that Defendant owner of Jackson Park, LIC Development Owner, L.P violated 421-a tax benefits laws by failing to take into account rent concessions, received by the initial tenants at Jackson Park, when registering the first rents for the units.

Plaintiffs allege that the Defendant violated 421-a tax benefit laws by (1) failing to take into account rent concessions, received by the initial tenants at Jackson Park, when registering the first rents for the units, and (2) utilizing concessions on subsequent tenancies, which were not taken into account when setting preferential rents at Jackson Park. The Defendant has denied the claims in this lawsuit and maintains that, even if the Defendant is found liable, Plaintiffs and other members of the Class are not entitled to damages.

The Court has not decided whether the Defendant has violated any laws. By allowing this case to proceed as a class action and Notice to be issued, the Court is not suggesting that Plaintiffs will win or lose.

In a class action, one or more people called class representatives (William Grey) sue on behalf of people who have similar claims. If the Court “certifies” the class (i.e., approves the case for class treatment), the Court resolves the issues for all class members except for those who “exclude” themselves from the class (otherwise known as “opting out” of the class and the class action).

Plaintiffs filed this action in July of 2022 in the Supreme Court for the State of New York. The court certified the lawsuit to proceed as a class action on behalf of All tenants at Jackson Park living, or who had lived, in apartments on or after February 25, 2016.

The Court will soon set a schedule for further proceedings in the case.

The Class Representative is asking for injunctive relief and compensatory damages for the actual amounts of the overcharges, plus interest.

You are a member of the Class if you are a current and former tenant of the buildings located at 28-10 Jackson Avenue, 28-30 Jackson Avenue, or 28-40 Jackson Avenue, Long Island City, New York 11101 (“Jackson Park”), who lived in their apartment at any time on or after February 25, 2016.

If you are unsure about whether you are a Class Member, you can get free help by calling, emailing, or writing to the Plaintiffs’ lawyers in this case at the phone numbers and addresses listed in FAQ 13.

You must decide whether to stay in the Class or opt out of the Class.

If you stay in the Class, you will be permitted to share in a recovery, if any, that may occur in this lawsuit. But you give up any rights to sue the Defendants separately for any claims based on the facts and conduct raised in this lawsuit. You also will be legally bound by all of the Orders the Court issues and Judgments the Court makes in this class action, even if there is no recovery.

You do not have to do anything to stay in the Class.

If you opt out of the Class (by stating in writing that you do not want to be in the Class in this lawsuit), you will give up the right to participate in any recovery that may occur. But you will keep any rights you may currently have to sue the Defendants regarding the legal claims at issue in this lawsuit. You also will not be bound by the Orders the Court issues and Judgments the Court makes in this case.

The deadline to exclude yourself or opt out of the Settlement has passed. All timely opt out requests must have been received on or postmarked by March 11,2023.

By doing nothing, you are choosing to stay in the Class. If you stay in the Class and the Class obtains money or benefits, you will be notified about how to apply for a share. Regardless of whether the plaintiffs win or lose at trial or whether they settle, you will not be able to sue, or continue to sue the Defendants—as part of any other lawsuit—for any claims based on the facts and conduct raised by this lawsuit. You will also be legally bound by all of the Orders the Court issues and Judgments the Court makes in this lawsuit.

Yes. The Court has appointed lawyers to represent you and other Class Members. These lawyers are called Class Counsel. The Court has approved and appointed law firm of Newman Ferrara as Class Counsel.

If you have questions about the lawsuit, you may contact Class Counsel at:

Newman Ferrara LLP
1250 Broadway
27th Floor
New York, NY 10001
619-525-3990 (office)

If recovery is obtained for the Class, Class Counsel will request and apply to the Court for an award of attorneys’ fees and for the reimbursement of expenses for litigating the case. Class Counsel may also apply to the Court to approve a reasonable amount for the Class Representatives for their services in fulfilling their duties. These applications will be filed with the Court and will be available for review once filed on the Court’s docket for public electronic access. If approved, these fees and expenses and representative awards will be paid from the recovery obtained for the Class.

You do not need to hire your own lawyer because Class Counsel is working for you. You are welcome to hire your own lawyer at your expense. If you hire a lawyer to speak for you or to appear in Court, your lawyer must file a Notice of Appearance.