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
L&T 306490/24
Petitioner
RH 507-517 West 171 Street LLC
Respondent
Tiago Linck; Jessica Linck; "John Doe"; "Jane Doe"
Judge
Blinova, Yekaterina
Decision/Order Date
2025-10-10
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In a nonpayment proceeding where the tenant interposed a rent overcharge defense, the court granted the tenant's motion for discovery. The court found the apartment's rent history unreliable due to missing registrations and a significant rent increase, warranting discovery beyond the statutory lookback period. The landlord's cross-motion for outstanding and pendente lite use and occupancy was denied without prejudice, as the tenant raised colorable defenses of rent overcharge and warranty of habitability under RPAPL § 745(2)(a)(iv)-(v).
Keywords
Rent Overcharge; Discovery; Gaps In Registration History; Large Rent Increase; Use And Occupancy Pursuant to RPAPL § 745 Denied
Recommended Citation
"RH 507-517 West 171 Street LLC v. Linck" (2025). All Decisions. 2009.
https://ir.lawnet.fordham.edu/housing_court_all/2009
