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-319095-24/NY
Petitioner
109TH AFFORDABLE HOUSING LLC
Respondent
ANA NOELIA ALMANZAR
Judge
Meyers, Adam, R
Decision/Order Date
2025-10-16
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In a nonpayment proceeding, the tenant moved for leave to amend their answer to interpose an overcharge counterclaim and for discovery. The court granted the tenant's motion to amend, finding sufficient indicia of a potentially meritorious overcharge claim due to long gaps in rent registrations and a significant rent increase, noting that under *W. Pierre Assoc. LLC v Harvey*, fraud is not required to look beyond the base date for post-HSTPA tenancies. The court also granted the tenant's motion for limited discovery, finding ample need based on the rent history irregularities and reminded the landlord of the utility of a *Jackson* affidavit if certain documents were unavailable.
Keywords
Rent Overcharge; Discovery; Gaps In Registration History; Large Rent Increase; Jackson Affidavit
Recommended Citation
"109TH AFFORDABLE HOUSING LLC v. ALMANZAR" (2025). All Decisions. 2007.
https://ir.lawnet.fordham.edu/housing_court_all/2007
