Case Type

Rent Overcharge

Housing Type

Rent Stabilized

Court

Appellate Division, First Department

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

450212/21

Slip Opinion Number

2026 NY Slip Op 05856

Petitioner

Sula Malina, et al.

Respondent

158 Management LLC, et al.

Judge

Manzanet-Daniels, J.P., Kennedy, Friedman, Kapnick, Higgitt, JJ.

Decision/Order Date

2026-10-08

Posture

Post-Answer Motion by Tenant

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

In this rent overcharge action, tenants moved for summary judgment declaring their apartments rent stabilized and establishing the frozen legal regulated rent. App Div 1st affirmed. The landlord's claimed pre-HSTPA high-rent vacancy deregulation based on IAIs failed because landlord submitted no invoices, contracts, or checks specific to the affected apartment and no testimony tying renovation records to the unit. Landlord therefore failed to establish sufficiently costly improvements to support deregulation. Under RSL § 26-517(e) and RSC § 2528.4(a), the legal regulated rent is frozen at the last reliable DHCR-registered stabilized rent until landlord complies with registration requirements.

Keywords

Fraudulent Deregulation; Rent Overcharge; Summary Judgment Granted Declaring Fraudulent Deregulation; Landlord Failed to Raise Triable Issue of Fact as to Whether it Did the Work Underlying its Claimed IAIs; Legal Regulated Rent Remains Frozen at Last Reliable Rent Registered with DHCR Under RSL § 26-517[e] & RSC § 2528.4[a]

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