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
326119/23
Petitioner
383-17 LLC
Respondent
KWABENA BOADU, YAA BOADU, JOHN and JANE DOE
Judge
Jimenez, Sergio
Decision/Order Date
2024-11-18
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this non-payment case, the tenant moved for summary judgment based on an overcharge claim, asserting that a two-attorney stipulation in a prior case violated the Rent Stabilization Code by setting the rent above what was allowable. The landlord argued that the stipulation, made post-HSTPA, was valid under 9 NYCRR 2520.13, which permits tenants to waive certain rights. The court rejected this argument, ruling that such stipulations, which violated the Rent Stabilization Code, were void as against public policy. Consequently, the landlord was found liable for the overcharge, although the exact overcharge amount was left unresolved pending further proceedings.
Recommended Citation
"383-17 LLC v. KWABENA BOADU" (2024). All Decisions. 1763.
https://ir.lawnet.fordham.edu/housing_court_all/1763
