Case Type

Overcharge

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

306579-24/KI

Petitioner

77 VARET HOLDING CORP. & 66 GRAHAM LLC & JF ARBOURS LLC

Respondent

HANNAH ATIRA NORMAN, JOYCE NDIDI ONUORAH, & IKENNA DENZEL STOVALL

Judge

Donoghue, Elizabeth

Decision/Order Date

2025-05-23

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In a nonpayment proceeding, the tenant moved for discovery related to a rent overcharge claim. The landlord opposed, arguing the claim was barred by the 4-year statute of limitations. The court granted the tenant's motion, finding ample need for discovery beyond the lookback period because the landlord only retroactively registered the rent increases, including vacancy and individual apartment improvements, in 2024, preventing the tenant from challenging them earlier. The court ordered production of documents like leases, contracts, affidavits, and cancelled checks to ascertain the validity of over $59,000 in claimed improvements.

Keywords

Discovery Motion Granted; Rent Overcharge; Ample Need; Beyond Lookback Period; Individual Apartment Improvements (IAIs)

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