Case Type

Holdover-Lease Expiration

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

LT-331424-23

Slip Opinion Number

2024 NY Slip Op 24295

Petitioner

123 On the Park LLC

Respondent

Olivia Decicco-Ting, Samuel Ting

Judge

Golden, Tashanna B.

Decision/Order Date

2024-11-17

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The court granted the tenant's motion to dismiss the landlord's holdover proceeding. The court found that the landlord's initial rent concession created a preferential rent under the Housing Stability and Tenant Protection Act of 2019. The landlord's subsequent attempt to revoke the preferential rent and charge the full legal rent was unlawful.

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