Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-063787-19/KI
Petitioner
756 LIBERTY REALTY LLC
Respondent
JUAN GARCIA, PILAR GUEVARA
Judge
McClanahan, Kevin C.
Decision/Order Date
2025-09-05
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The court dismissed the landlord's nonpayment petition with prejudice, finding that the landlord failed to prove the apartment was lawfully deregulated. The landlord claimed deregulation based on a high-rent vacancy and Individual Apartment Increases (IAIs), but could not provide any documentary evidence of the alleged renovations. The court found the landlord's testimony and the DHCR rent registrations unreliable due to numerous inconsistencies and errors. The court concluded that the landlord failed to meet its burden of proof to establish a valid rent increase, affirming that the apartment remains rent-stabilized and directing the landlord to offer the tenant a proper rent-regulated lease.
Keywords
Failure to Prove Deregulation; IAIs; Burden of Proof
Recommended Citation
"756 LIBERTY REALTY LLC v. GARCIA" (2025). All Decisions. 1930.
https://ir.lawnet.fordham.edu/housing_court_all/1930
