Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
L&T 318176-23
Slip Opinion Number
2025 NY Slip Op 32061(U)
Petitioner
37-07 147TH REALTY LLC
Respondent
GLORIA TIBAGUY, et al
Judge
Schiff, Logan J.
Decision/Order Date
2025-06-09
Posture
Post-answer Motion by Tenant
Disposition
Other
Winner
Other
Synopsis
The court granted reargument, allowing the tenant discovery on the legal regulated rent and defectiveness of the rent demand. However, it adhered to striking the pre-HSTPA rent overcharge counterclaim as time-barred. The court held that the 2023 DHCR amendment to RSC § 2526.7(a)(1), which sets an earliest base-date of June 14, 2015, cannot circumvent the appellate courts' interpretation of *Regina Metro. Co.*, which limits review of pre-HSTPA overcharge claims to a four-year look-back period absent a showing of common law regulatory fraud, which was not demonstrated here.
Recommended Citation
"37-07 147th Realty LLC v. Tibaguy" (2025). All Decisions. 1844.
https://ir.lawnet.fordham.edu/housing_court_all/1844
