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

L&T 313178/2023

Petitioner

YAARON, LLC

Respondent

Ramel Swanson, Erika Gravato, John Doe, Jane Doe

Judge

Guthrie, Clinton, J.

Decision/Order Date

2025-05-15

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this non-payment proceeding, the tenant successfully moved to dismiss the petition, with the landlord's cross-motion to amend being denied. The court determined the apartment remained Rent Stabilized, rejecting the landlord's claim of high-rent vacancy deregulation. The landlord failed to comply with pre-HSTPA deregulation requirements, including providing proper notice and registering a lawful rent with DHCR. The court found the landlord's purported "free market" lease rent unlawful and never registered, rendering the petition and rent demand defective. Consequently, the court dismissed the petition, affirming that a non-payment proceeding cannot be maintained without registering the legal regulated rent.

Keywords

Rent-stabilization status; Court may review complete DHCR rent history where there is a dispute about deregulation/regulatory status; Nonpay must be dismissed if correct legal regulated rent is not registered with DHCR

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