Case Type

Other

Housing Type

Rent Stabilized/Supportive Housing

Court

Supreme Court of the State of New York

County

Kings County (Brooklyn)

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

523061/2021

Petitioner

Rock-Park 94 LLC

Respondent

CAMBA, Inc. and JOHN DOE

Judge

Rivera, Francois A.

Decision/Order Date

2024-02-27

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

The court dismissed the landlord's complaint seeking a declaratory judgment that the premises were not rent stabilized, ejectment of the tenant CAMBA Inc., use and occupancy, and attorneys' fees. The court found the premises were subject to rent stabilization as the landlord's claimed exemptions were invalid. The waiver of rent stabilization in the lease was contrary to law and unenforceable. Without a proper termination notice under the Rent Stabilization Code, the ejectment claim failed. The ancillary claims for use and occupancy and fees were also dismissed.

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