Case Type
Overcharge
Housing Type
Other
Court
Appellate Division, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
502056/21
Slip Opinion Number
2024 NY Slip Op 02515
Petitioner
Torel Bascom
Respondent
1875 Atlantic Ave Development, LLC
Judge
Duffy, Colleen D.; Miller, Robert J.; Ford, William G.; Love, Laurence L.
Decision/Order Date
2024-05-08
Posture
Pre-answer Motion by Landlord
Disposition
Other
Winner
Other
Synopsis
In a putative class action seeking damages for rent overcharges, the Landlord, appealed the denial of its motion to dismiss the complaint. The tenant alleged violations of the Rent Stabilization Law and Code, asserting that the landlord improperly inflated registered initial rents. The court affirmed the denial, stating that the allegations, including the manipulation of initial regulated rent, were sufficient to survive dismissal. The decision emphasizes the importance of properly registering rents and interpreting lease terms in light of surrounding circumstances.
Recommended Citation
"Bascom v. 1875 Atl. Ave Dev., LLC" (2024). All Decisions. 1522.
https://ir.lawnet.fordham.edu/housing_court_all/1522
