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 308934/22
Slip Opinion Number
2026 NY Slip Op 30014(U)
Petitioner
320 MANHATTAN AVENUE LP
Respondent
ALLAN NEBBOU, JOHN DOE, JANE DOE
Judge
Guthrie, Clinton, J.
Decision/Order Date
2026-01-21
Posture
Other
Disposition
Other
Winner
Other
Synopsis
In this nonpayment proceeding, both landlord and tenant moved for summary judgment to determine the legality of the rent and the apartment's regulatory status. Tenant claimed an overcharge from the tenancy's inception, arguing the apartment should have been rent stabilized earlier. Landlord contended it was rent controlled until tenant's occupancy, making the initial rent lawful. The court denied both motions, citing unresolved material issues of fact regarding the apartment's status before the tenant's lease. The court also found the tenant did not provide sufficient evidence of a fraudulent scheme to evade rent stabilization laws, which would be required to review rental history beyond the statutory lookback period under pre-HSTPA law. The case was set for trial.
Keywords
Rent Control; Legality of Rent
Recommended Citation
"320 Manhattan Ave. LP v. Nebbou" (2026). All Decisions. 2077.
https://ir.lawnet.fordham.edu/housing_court_all/2077
