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

REDACTED

Respondent

REDACTED

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.

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