Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
154361/21
Slip Opinion Number
2024 NY Slip Op 04896
Petitioner
Matthew Aidekman
Respondent
State Of New York Division of Housing and Community Renewal, 232 Elizabeth LLC
Judge
Waterman-Marshall, Kathleen
Decision/Order Date
2024-10-08
Posture
Post-judgment Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The court reversed the lower court’s decision, reinstating the tenant’s petition and remanding the case to DHCR to award treble damages for a willful rent overcharge. It found the landlord failed to prove that the overcharge was not willful, rejecting claims of confusion over the apartment's stabilization status, and held that refunding the overcharge did not rebut the presumption of willfulness. Article 78 petition.
Recommended Citation
"Matter of Aidekman v State of N.Y. Div. of Hous. & Community Renewal" (2024). All Decisions. 1638.
https://ir.lawnet.fordham.edu/housing_court_all/1638
