Case Type
Holdover-Lease Expiration
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
L&T 313307/22
Slip Opinion Number
2025 NY Slip Op 25104
Petitioner
304-306 E 83 Realty, LLC
Respondent
Joseph Mason, JOHN DOE, JANE DOE
Judge
Guthrie, Clinton J.
Decision/Order Date
2025-04-25
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this post-answer motion, the tenant sought dismissal of a holdover proceeding based on improper deregulation. The landlord alleged the apartment was deregulated through high-rent vacancy in 2014, but the tenant demonstrated that the building was receiving J-51 tax benefits at that time, making luxury deregulation illegal under Roberts and Regina Metro. The court dismissed the petition, finding the apartment remains rent stabilized. The tenant’s rent overcharge counterclaim was also allowed to proceed to trial, as the court found a colorable claim of fraudulent deregulation supported by failures to register and questionable IAIs. Practice Note: A landlord's ignorance of J-51 benefits obtained by a prior owner will not excuse illegal deregulation. The court endorsed the "totality of the circumstances" standard for determining fraud under the Chapter Amendments and Burrows.
Recommended Citation
"304-306 E 83 Realty, LLC v. Mason" (2025). All Decisions. 1781.
https://ir.lawnet.fordham.edu/housing_court_all/1781
