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
155013/19
Slip Opinion Number
2025 NY Slip Op 02023
Petitioner
Reichenbach et al.
Respondent
Jacin Investors Corp. et al.
Judge
Manzanet-Daniels, Moulton, Gesmer, Pitt-Burke, Michael
Decision/Order Date
2025-04-03
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
Tenants alleged a fraudulent scheme by landlord to deregulate rent-stabilized units without lawful justification, citing unexplained rent spikes unsupported by Major Capital Improvements (MCIs) or Individual Apartment Improvements (IAIs). Landlord failed to rebut with documentation, triggering the use of DHCR's default formula. Applying recent amendments to the Rent Stabilization Law mandating a return to Thornton and Grimm, the court found a colorable claim of fraud and ruled apartments 2J, 3D, 4C, and 5J were unlawfully deregulated. The court ordered declaratory and injunctive relief, including the issuance of proper rent-stabilized leases. Practice Note: Under amended rent laws, courts may examine the full rental history and need not find all elements of common law fraud to impose tenant-favorable remedies.
Recommended Citation
"Reichenbach v. Jacin Invs. Corp." (2025). All Decisions. 1790.
https://ir.lawnet.fordham.edu/housing_court_all/1790
