Case Type

Holdover-Lease Expiration

Housing Type

Rent Stabilized

Court

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT

County

Queens County (Queens)

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

2023-944 Q C

Slip Opinion Number

2025 NY Slip Op 50834(U)

Petitioner

Andrew Jackson Realty Co., L.P.

Respondent

Sybill Patan, Undertenants

Judge

TOUSSAINT, WAVNY, P.J.; MUNDY, MARINA CORA; OTTLEY, LISA S.

Decision/Order Date

2025-05-16

Posture

Other

Disposition

Judgment for Landlord

Winner

Landlord Substantially Won

Synopsis

In a holdover proceeding, the landlord sought possession, arguing the apartment was deregulated in 2005. The tenant counterclaimed for rent overcharges, alleging fraudulent deregulation due to a lack of renovations. The trial court granted possession to the landlord and dismissed the tenant's counterclaim. The Appellate Term affirmed, holding the landlord met its burden to prove lawful deregulation via vacancy and longevity increases, which pushed the rent over the threshold. The tenant failed to demonstrate fraud or overcharge. The court also found the tenant waived arguments regarding notice by not raising them below.

Keywords

Deregulation; No Fraud After a trial where the pro se tenant tried to establish illegal deregulation, but the court rejected the claims, finding petitioner had proved lawful deregulation in 2005 through vacancy and individual apartment improvement increases. Term upheld this decision, agreeing that the tenant failed to show the landlord committed fraud and/or overcharge, and the other claims raised on appeal were unpreserved for appellate review.

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