Case Type

Non-payment

Holdover 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

308925/22

Slip Opinion Number

2023 NY Slip Op 33663(U)

Petitioner

West 140 LLC

Respondent

Yvette C. Zeigler

Judge

Gonzalez, Alberto M.

Decision/Order Date

2023-09-11

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The tenant defending a non-payment proceeding by claiming rent overcharge and requesting documents from the landlord to support her claim. The court allowed the defense and the discovery, reasoning that even pre-dating a specific law, rent overcharge claims can go beyond the usual four-year lookback period if there's evidence of a fraudulent scheme to increase the rent. Court states, "And though the public availability of a DHCR Rent Registration History may negate the reliance element in a fraud claim, as per the Appellate Division in Burrows vs. 75-25 153rd Street, LLC, the facts in the instant proceeding differ. In Burrows, the fraudulent act (the inflated legal rent) - which the landlord in Burrows claimed the tenants never paid - was explained and at all times made avai lable on the rent registration history as well on the lease riders, which meant the tenant had notice from the outset. Here, Respondent alleges a collection of inaccuracies, including missing registrations (from 1984-1999). that are not explained on either the lease riders or rent registration history (the DHCR rcgisti-ation does not indicate why the registrations are missing), and which would not have put Respondent on notice."

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