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
160082/20
Slip Opinion Number
03861
Petitioner
Brian Burrows, et al.
Respondent
75-25 153rd Street, LLC
Judge
Kapnick, Friedman, Kennedy, Mendez, Shulman
Decision/Order Date
2025-06-26
Posture
Pre-answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Division affirmed the denial of a landlord's motion to dismiss a putative class action for rent overcharges. The court permitted examination of rent history beyond the four-year lookback period due to allegations of improper use of preferential rents to inflate registered legal rents in a 421-a building. It also found the complaint adequately alleged that a rent concession was a disguised preferential rent, allowing this claim and declaratory relief to proceed to discovery.
Keywords
Tenants can go Beyond 4-Year Lookback Period; Fictional Legal Rents; Preferential Rent
Recommended Citation
"Burrows v. 75-25 153rd St., LLC" (2025). All Decisions. 1847.
https://ir.lawnet.fordham.edu/housing_court_all/1847
