Case Type

Overcharge

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

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

LT-311647-23/NY

Petitioner

Bo Hong Realty Inc.

Respondent

Breanne Elizabeth Butler, John Doe, Jane Doe

Judge

Chinea, Daniele

Decision/Order Date

2024-10-11

Posture

Other

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this overcharge claim, the tenant's motion for discovery beyond the standard four-year look-back period was granted. The tenant alleged a fraudulent scheme to deregulate the apartment, pointing to discrepancies in rent registration and significant rent increases. The court ruled that the totality of circumstances supported the tenant’s request for documents dating back to 2012 to explore potential fraud, noting the recent legal changes that do not require common-law fraud elements to invalidate the base date for overcharge claims.

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