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
2023-10
Petitioner
Dunbar Apt. Holdings LLC
Respondent
Jana Johnson, TAILA JOHNSON, JOHN DOE, JANE DOE
Judge
Guthrie, Clinton J.
Decision/Order Date
2025-09-05
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The court granted the tenant's motion to amend her answer and for discovery related to a rent overcharge counterclaim. The tenant's counsel argued that a large increase in the registered rent, following a period of purported temporary exemption, was unreliable under the amended Rent Stabilization Code. The court agreed, citing a recent First Department decision and noting that the 2014 amendment to the Rent Stabilization Code bars a landlord from charging a "first rent" after a temporary exemption. The decision allows the tenant to proceed with discovery to determine the reliability of the rent history.
Keywords
Discovery granted on rent overcharge claim; DHCR rent registration history found unreliable; Amendment to Rent Stabilization Code in January 2014 bars landlords from charging "first rent" after period of temporary exemption from Rent Stabilization based on owner occupancy
Recommended Citation
"Dunbar Apt. Holdings LLC v. Johnson" (2025). All Decisions. 1935.
https://ir.lawnet.fordham.edu/housing_court_all/1935
