Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-329725-22/KI

Petitioner

1819 Beverly LLC

Respondent

Mirsad Berisha; John" "Doe"; "Jane" "Doe

Judge

Vendzules, Jason P.

Decision/Order Date

2024-01-11

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

Respondent tenant's motion for summary judgment was granted, and the landlord's petition for non-payment was dismissed. The court found that the landlord's rent demand was based on an impermissibly raised preferential rent, in violation of the Housing Stability and Tenant Protection Act of 2019 (HSTPA). The HSTPA prohibits landlords from revoking preferential rents in renewal leases and limits rent increases to the most recent guideline increases.Key Legal Points:HSTPA protects preferential rents: Landlords cannot revoke preferential rents during renewals under the Housing Stability and Tenant Protection Act (HSTPA).Lease subject to HSTPA: Even though signed after HSTPA, the lease was for a renewal term and therefore subject to its protections.Limited rent increase: Under HSTPA, rent increases for renewals are capped at 1.5%, not the higher amount in the lease.Invalid rent demand: The rent demand based on the impermissibly high rent was not a good faith approximation and rendered the eviction proceeding defective.|LT329725-22.pdf

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