Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
571132/23
Slip Opinion Number
2025 NY Slip Op 04611
Petitioner
West Pierre Associates LLC
Respondent
Julia Harvey
Judge
Manzanet-Daniels, J.P.; González, Shulman, Rodriguez, Pitt-Burke, JJ.
Decision/Order Date
2025-08-07
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this consequential decision, the Appellate Division, First Department, reversed a lower court's ruling and allowed a tenant to challenge the legality of her rent. The tenant's lease began in 2020, after the Housing Stability and Tenant Protection Act (HSTPA) became effective, but the alleged unlawful rent increase dated back to 2014. The court held that applying the HSTPA to this case was a prospective application, not a retroactive one, and therefore, the tenant could examine the entire rent history under HSTPA's Part F. The court granted the tenant's motion for discovery and reinstated her rent overcharge counterclaim.
Keywords
amici curiae
Recommended Citation
"Matter of West Pierre Assoc. LLC v. Harvey" (2025). All Decisions. 1876.
https://ir.lawnet.fordham.edu/housing_court_all/1876
