Case Type
Holdover-Lease Expiration
Housing Type
Rent Stabilized
Court
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570897/24
Slip Opinion Number
2025 NY Slip Op 25214
Petitioner
63 St. Marks Place LLC
Respondent
Maria Benedek
Judge
Brigantti; Tisch; James; Jennings, Norma, J.
Decision/Order Date
2025-09-29
Posture
Other
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
The Appellate Term reversed a Civil Court judgment for the landlord in a holdover proceeding, remanding for a new trial. The Civil Court had erroneously applied a six-year look-back period to determine the apartment's rent-regulated status, which the tenant challenged. The Appellate Term ruled that a tenant may challenge an apartment's deregulated status at any time, and review of the full rent history beyond the six-year look-back period is permissible to determine if deregulation was lawful, especially regarding pre-HSTPA increases. The court sustained only the landlord's entitlement to an individual apartment improvement (IAI) increase.
Keywords
Rent Regulated Status; Tenant not Time-barred or Limited to a Six Year Look-back Period When Challenging Landlord’s Claim Apartment Deregulated
Recommended Citation
"63 St. Marks Place LLC v. Benedek" (2025). All Decisions. 1971.
https://ir.lawnet.fordham.edu/housing_court_all/1971
