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
L&T 71894/18
Petitioner
654 Putnam Owners LLC
Respondent
Heather Humphries
Judge
Harris, David A.
Decision/Order Date
2024-03-19
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this non-payment proceeding for a rent-stabilized unit, the court granted the tenant's motion to dismiss the petition pursuant to CPLR 4401 after the landlord rested its case at trial. The landlord alleged the unit was deregulated due to high rent vacancy, but failed to prove deregulation despite bearing the burden. The only evidence offered was speculative testimony about alleged renovations from a witness lacking personal knowledge, and DHCR rent registration records which expressly disclaimed attesting to the truthfulness of the registered rents. The court found this evidence insufficient as a matter of law to establish deregulation, an element of the landlord's prima facie case. As the landlord failed to meet its burden of proof after presenting its evidence at trial, the court dismissed the petition. The court denied the landlord's other pending motions as moot and directed the parties to address the tenant's rent overcharge counterclaim.
Recommended Citation
"654 Putnam Owners LLC v. Humphries" (2024). All Decisions. 1413.
https://ir.lawnet.fordham.edu/housing_court_all/1413
