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-63456/19
Petitioner
5763 WADSWORTH LLC
Respondent
STEPHANIE O. ROQUE, WILKIN HERNANDEZ
Judge
Arrindell,
Decision/Order Date
2023-05-12
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
"In the decision, the court granted Respondent’s cross motion to vacate a pro se Stipulation entered before the tenant retained counsel based on a potential meritorious overcharge.
Follow the precedent of Butterworth v 281 St. Nicholas Partners. LLC. 60 A.D.3d 434 (App. Div. 1st Dep't), the court found that an increase in the rent at the same time the landlords ""ceased filing the annual registration"" can sustain a finding of fraud. Specifically, Judge Arrindell finds that indicia of fraud could potentially include an unexplained jump in the rent plus landlord's failure to register the apartment (here, for two years). The court points to other indicia of fraud, including the landlord's failure to cite 'individual apartment increases' in Rent History as reason for the 91% rent increase and their failure to provide proper rent riders."
Recommended Citation
"5763 WADSWORTH LLC v. ROQUE" (2023). All Decisions. 1204.
https://ir.lawnet.fordham.edu/housing_court_all/1204
