Case Type
Non-payment
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
LT-325117-23
Slip Opinion Number
2025 NY Slip Op 51545(U)
Petitioner
663 Madison Ice, LLC
Respondent
Emma Jansen, Isabel Butler, Nathaniel Bahadursingh, Willa Evans
Judge
Golden, Tashanna, B.
Decision/Order Date
2025-09-30
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the landlord sought arrears and possession. The court dismissed the landlord's petition without prejudice, finding the apartment rent-stabilized because the landlord failed to provide the required deregulation rider to the first tenant after a purported high-rent vacancy deregulation. Although the landlord proved substantial individual apartment improvements (IAIs), the regulatory status was deemed rent-stabilized. Consequently, the tenant's rent overcharge counterclaim was granted for $6,267.50, but claims for warranty of habitability breach, treble damages, and attorney's fees were denied.
Keywords
Rent Overcharge; Nonpayment Petition Dismissed Because Apartment is Rent-stabilized; Tenant’s Counterclaim for Rent Overcharge Granted; Landlord Must Give New Tenant Notice in DHCR Rider that Apartment was Deregulated
Recommended Citation
"663 Madison Ice, LLC v. Jansen" (2025). All Decisions. 1977.
https://ir.lawnet.fordham.edu/housing_court_all/1977
