Case Type

Non-payment

Housing Type

Interim Multiple Dwelling

Court

Appellate Term, First Department

County

New York County (Manhattan)

Slip Opinion Number

2026 NY Slip Op 51758(U)

Petitioner

Decker Associates, LLC

Respondent

Neil Deutsch, John Doe, Jane Doe

Judge

Tisch, J.P.; Perez, J.; Alpert, J.; Chinea, Daniele (Hous Ct, lower court)

Decision/Order Date

2026-10-21

Posture

Post-Answer Motion by Landlord

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

App Term 1st affirms (Chinea, J.) landlord's summary judgment in Loft Law nonpayment. The landlord did not forfeit RGB increases by awaiting the Loft Board's final rent order before seeking them, as the increases "did not accrue or become collectible" until that order issued. Tenant's statute of limitations and laches defenses are rejected on the same basis.

Keywords

Loft Law; Waiting For Loft Board Decision On RGB Increases And Final Rent Order Does Not Result In Forfeiture Of Rights; Statute Of Limitations; Laches

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