Case Type
Holdover-Lease Expiration
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
319499-22/NY
Petitioner
NCM HOLDINGS LLC
Respondent
Richard Carroll
Judge
Stoller, Jack
Decision/Order Date
2025-07-14
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court dismissed the landlord's holdover petition, finding the apartment was not lawfully deregulated. The landlord failed to meet its burden of proving the Individual Apartment Improvements (IAIs) were sufficient to raise the rent above the deregulation threshold. The court noted that a tenant's challenge to an apartment's regulatory status is not subject to the four-year lookback period that applies to rent overcharge claims. As a result, the court found the tenant was rent-stabilized and dismissed the case, along with the tenant's counterclaims.
Keywords
Illegal Deregulation; Regulatory Status Challenge; Lookback Period
Recommended Citation
"NCM HOLDINGS LLC v. CARROLL" (2025). All Decisions. 1903.
https://ir.lawnet.fordham.edu/housing_court_all/1903
