Case Type
Overcharge
Holdover Type
Rent Stabilized
Court
Supreme Court of the State of New York
County
New York (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
150928/2022
Petitioner
ABDULAZIZ ALSAFFAR
Respondent
44 DEVELOPMENT LLC
Judge
Goetz, Paul A.
Decision/Order Date
2023-10-20
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Tenant Substantially Won
Synopsis
The tenant sued the landlord for rent overcharges and improperly revoking a preferential rent. The landlord moved for partial summary judgment dismissing the claims. The court denied the landlord's motion, finding issues of fact remained on whether the landlord improperly treated rent concessions as preferential rents that could not be revoked upon lease renewal under the Housing Stability and Tenant Protection Act (HSTPA). The court also denied the landlord's requests to preemptively deny class certification, transfer the case to civil court, stay discovery, and award attorneys' fees. While granting part of the landlord's motion by dismissing any late fee claims, the tenant substantially prevailed by allowing the overcharge claims involving preferential rents to proceed.
Recommended Citation
"Alsaffar v. 44 Dev. LLC" (2023). All Decisions. 1461.
https://ir.lawnet.fordham.edu/housing_court_all/1461
