Case Type
Holdover-Illegal Use
Housing Type
Market Rate
Court
Appellate Division, First Department
County
New York (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
653540/22
Slip Opinion Number
2024 NY Slip Op 01889
Petitioner
Todd Thurman
Respondent
Sullivan Props. L.P., et al.
Judge
Renwick, Manzanet-Daniels, Kennedy, Mendez, Michael
Decision/Order Date
2024-04-04
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Division affirmed the denial of the landlord's motion to dismiss the market-rate tenant's claims that the apartment was illegally deregulated after the last rent-controlled tenant vacated in 2005. Although lease documents showed the rent exceeded the deregulation threshold, they did not utterly refute allegations of wrongful deregulation. While a fair market rent appeal is time-barred after 4 years of vacancy, this plenary action challenging the apartment's deregulated status is not subject to that limitation and may examine rental history beyond 4 years. A tenant can challenge an apartment's deregulated status at any time during tenancy.
Recommended Citation
"Thurman v. Sullivan Props. L.P." (2024). All Decisions. 1441.
https://ir.lawnet.fordham.edu/housing_court_all/1441
