Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
312517-23
Petitioner
1532-1609 Ocean Ave LLC
Respondent
Dena J. Hertzan
Judge
Bacdayan, Karen May
Decision/Order Date
2024-06-21
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The landlord commenced a nonpayment proceeding against the tenant based on the tenant's alleged default on rent for an unregulated apartment. The tenant argued that the apartment was illegally deregulated and the landlord is charging an illegal rent. The court granted the tenant's motion to amend their answer to include a claim of fraudulent deregulation. The court also granted the tenant's motion for discovery to allow them to investigate their claims. The court found that the tenant had raised a colorable claim of fraudulent deregulation and that discovery was necessary to determine the apartment's regulatory status.
Recommended Citation
"1532-1609 Ocean Ave LLC v. Hertzan" (2024). All Decisions. 1612.
https://ir.lawnet.fordham.edu/housing_court_all/1612
