Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-311875-24/NY
Slip Opinion Number
2026 NY Slip Op 51680(U)
Petitioner
649 West DE LLC
Respondent
Argenis Hernandez, Adelsa Taveras
Judge
Guthrie, Clinton J.
Decision/Order Date
2026-09-23
Posture
Pre-Answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this rent-stabilized nonpayment proceeding, the court partially grants tenant's summary judgment motion and dismisses the petition because the monthly rent alleged is not the correct legal regulated rent. A ~230% rent increase appearing in the DHCR rent history is unexplained and unsubstantiated by proof of IAIs or other legitimate grounds; landlord failed to rebut the challenge with credible evidence. Tenant's overcharge counterclaim denied without prejudice because tenant submitted no proof of rent payments.
Keywords
Rent Overcharge; Petition Dismissed Because Landlord Alleged Incorrect Legal Regulated Rent; Landlord Failed to Explain or Justify Massive Rent Increase Registered With DHCR; Unreliable DHCR Rent History; Summary Judgment Denied on Overcharge Claim Because No Proof of Rent Payments
Recommended Citation
"649 W. DE LLC v. Hernandez" (2026). All Decisions. 2513.
https://ir.lawnet.fordham.edu/housing_court_all/2513
