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

LT-323304-23/NY

Petitioner

2143 ACP LLC

Respondent

Keona James, Harold James, "John Doe", "Jane Doe"

Judge

Chinea, Daniele

Decision/Order Date

2025-09-30

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The landlord initiated a non-payment proceeding. The tenant moved to amend their answer to assert claims including rent overcharge and unlawful deregulation, and for leave to conduct discovery from 1993 to the present. The court granted the tenant's motion to amend the answer, deeming it timely filed. Citing *W Pierre Assoc. LLC v Harvey*, the court found the tenant raised a question of fact regarding the reliability of the rent history, justifying discovery beyond the typical six-year look-back period to ascertain the unit's regulatory status and potential overcharge. Discovery was granted for document production, but interrogatories were partially denied for being already answered or too broad.

Keywords

Overcharge; Illegal Deregulation; Discovery Granted Pursuant to Harvey Decision; No Lookback Period for Illegal Deregulation Claims

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