Case Type

Rent Overcharge

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-306954-22/NY; LT-308229-23/NY

Slip Opinion Number

2026 NY Slip Op 51628(U)

Petitioner

Rae Realty LLC

Respondent

Christopher Scott AKA Christopher Lee; John Doe; Jane Doe

Judge

Vendzules, Jason

Decision/Order Date

2026-09-28

Posture

Post-Answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In consolidated nonpayment and holdover proceedings, the court resolved tenant's rent overcharge defenses and counterclaims on stipulated facts. Although the landlord received J-51 benefits and the apartment is undisputedly rent stabilized, the court found no fraudulent scheme to deregulate despite irregularities in the rent history and missing IAI documentation. Applying pre-HSTPA law under Crest I LP v Ventura, the court limited overcharge claims to a four-year lookback and upheld the base-date rent. The registration-freeze theory under RSL § 26-517(e) was rejected. The underlying proceedings remain pending for trial.

Keywords

Rent Overcharge Defenses & Counterclaims Dismissed on Merits; Parties Stipulated to Determination of Overcharge Claims in Consolidated Nonpay & Holdover; Landlord Received J-51 Tax Credit When Pre-HSTPA Tenancy Started; No Dispute Apartment is Rent Stabilized; Tenant's Claim that Legal Rent is Frozen at Last Reliable Under RSL § 26-517[e]; Court Applies Crest I LP v Ventura Instead of Harvey, Syllman & Zgodny; Pre-HSTPA 4-Year Look-Back/Statute of Limitations Applied to Overcharge Claims Because Court Finds No Fraudulent Scheme to Deregulate Despite Irregularities in Rent History and Landlord's Conduct

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