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
155590/23
Slip Opinion Number
2025 NY Slip Op 02851
Petitioner
The Buckley School in the City of New York
Respondent
Safet Hadzovic
Judge
Manzanet-Daniels, Angela M.; Kennedy, John R.; Scarpulla, Andrea; Mendez, Eddie J.; Rodriguez, Armando
Decision/Order Date
2025-05-08
Posture
Post-answer Motion by Tenant
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
The tenant sought declaratory and injunctive relief, alleging rent overcharges and improper deregulation of his apartment. After purchasing the building, the landlord moved for summary judgment, claiming a lawful high-rent deregulation occurred in 2009. The tenant countered that the apartment had been used commercially by a prior tenant, disqualifying it from deregulation. The motion court had granted the landlord summary judgment and ejectment. On appeal, the court reversed, holding triable issues of fact remained regarding the apartment's actual use and whether deregulation was proper. The court emphasized that questions concerning mixed commercial and residential use must be resolved by a factfinder and that the landlord failed to prove lawful deregulation. Practitioners should note the importance of clear evidence of residential use when asserting deregulation, especially under amended Rent Stabilization laws adopting a “totality of the circumstances†standard.
Recommended Citation
"Hadzovic v. Buckley Sch. in the City of N.Y." (2025). All Decisions. 1776.
https://ir.lawnet.fordham.edu/housing_court_all/1776
