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

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