Case Type

Non-payment

Housing Type

Market Rate

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

306116/22

Petitioner

1505 BROADWAY REALTY LLC

Respondent

TODD KAHLER, JOSH DEMATTEO, J.DOE 1, J.DOE 2

Judge

Howard, Juliet P.

Decision/Order Date

2024-05-08

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The landlord commenced a nonpayment proceeding against the tenants. The tenants asserted a defense of improper regulatory status, claiming the building was rent stabilized. The tenants moved for discovery related to this defense pursuant to CPLR 408. While the landlord argued discovery was barred absent fraud, the court granted the tenants' motion for limited discovery to determine the regulatory status of the premises. The court found the tenants showed ample need through a DHCR rent history showing the unit was registered as rent stabilized in 2010 and 2012, despite the landlord's claims of substantial rehabilitation exempting it. However, the court limited discovery to the period of February 15, 2005 through August 31, 2012, covering the renovations and rent stabilized registrations. The landlord was ordered to produce relevant documents from that period and make a representative available for deposition on whether substantial rehabilitation occurred per DHCR requirements. The case was adjourned for further proceedings.

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