Case Type

Overcharge

Housing Type

Rent Stabilized

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

152051/2020

Slip Opinion Number

2025 NY Slip Op 31830(U)

Petitioner

BERTON ROSE, MARIETTA HALE

Respondent

GAZIVODA 118 LLC

Judge

Chan, Margaret, A

Decision/Order Date

2025-05-19

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Landlord

Winner

Landlord Substantially Won

Synopsis

In this rent overcharge action, the tenant's motion to renew their request for summary judgment was granted, but their motion for summary judgment was ultimately denied. The court affirmed that the pre-HSTPA look-back period applies to overcharges accrued before HSTPA's enactment, consistent with *Matter of Regina Metro. Co.* While acknowledging a statutory change (L. 2024, Ch. 95 § 4) mandating a "totality of the circumstances" standard for fraudulent deregulation claims (J-51), the court found insufficient evidence to grant summary judgment. Disputed issues of fact regarding the landlord's knowledge and intent in deregulating the apartment necessitate a trial to determine if a fraudulent scheme was knowingly committed.

Keywords

Rent Overcharge; J-51; Pre-HSTPA look-back period/Statute of Limitations applies to alleged pre-HSTPA overcharges; Matter of Regina Metro. Co.; Totality of the circumstances standard for fraudulent scheme to deregulate; L. 2024, Ch. 95 § 4; Trial required to determine if landlord knowingly/willfully engaged in fraudulent scheme

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