Case Type

Holdover-Non-Payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Queens County

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

LT-307641-23/QU

Petitioner

86-02 Forest Parkway, LLC

Respondent

Andina Rojas, "JOHN DOE" and "JANE DOE"

Judge

Nembhard, Clifton A.

Decision/Order Date

2024-10-25

Posture

Post-answer Motion by Landlord

Disposition

Motion Denied

Winner

Tenant Substantially Won

Synopsis

The landlord initiated a non-payment holdover proceeding against the rent-stabilized tenant. The tenant asserted an affirmative defense of fraudulent overcharges. The landlord moved to dismiss the defense and for summary judgment. The court denied the motion, finding that the tenant had raised a colorable claim of fraud and that the landlord had not met its burden for summary judgment. The court held that the tenant's allegations of fraudulent overcharges, including unexplained rent increases and false representations about improvements, were sufficient to warrant further investigation. The court distinguished this case from previous decisions that required a more explicit intent to deregulate, emphasizing that the four-year lookback period for overcharges applies to all rent-stabilized units, regardless of whether they were eventually deregulated.

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