Case Type

Non-payment

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

301597/25

Slip Opinion Number

2025 NY Slip Op 32659(U)

Petitioner

430 Amsteram Partners LLC

Respondent

Huey Nguyen

Judge

Guthrie, Clinton J.

Decision/Order Date

2025-07-30

Posture

Post-answer Motion by Landlord

Disposition

Other

Winner

Tenant Substantially Won

Synopsis

The landlord moved for summary judgment in a nonpayment case. The court denied the motion, finding issues of fact regarding the apartment's rent-stabilized status, which the landlord claimed was deregulated due to high-rent decontrol. The court ruled that the tenant was not estopped from challenging the deregulation, despite having a pending overcharge claim at DHCR. The court also invalidated an out-of-court agreement where the tenant's attorney acknowledged deregulation, citing that any agreement waiving Rent Stabilization Law (RSL) benefits is void. The landlord's contradictory lease submissions further raised factual questions, warranting a trial.

Keywords

Landlord's Motion for SJ Denied; Respondent not Estopped from Challenging Deregulation; Agreements Waiving Benefits of the RSL are Void

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