Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-337355-24/BX
Slip Opinion Number
2025 NY Slip Op 35141(U)
Petitioner
2075 CRESTON AVENUE REALTY LLC
Respondent
COLON, ELSA; CASTILLO, LUIS
Judge
Rumprecht-Behrens, Agata E.
Decision/Order Date
2025-12-23
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the court granted the tenant's motion to amend their pro-se answer, finding the proposed defenses were not "palpably insufficient or devoid of merit." The court also granted limited discovery for the tenant's rent overcharge claim. The court rejected the landlord's argument that the claim was time-barred, applying *Matter of West Pierre Assoc. LLC v Harvey* because the tenancy commenced post-HSTPA. A single unexplained rent increase was deemed sufficient to render the rent history unreliable, justifying discovery to determine the legal rent.
Keywords
Motion To Amend Answer; CPLR § 3025(b); Discovery; CPLR § 408; Rent Overcharge; HSTPA; Overcharge Lookback Period; Matter Of West Pierre Assoc LLC v Harvey Applied; NYC Admin Code § 26-516; Unreliable Rent History Justifies Discovery; One Unexplained Rent Increase Renders Rent History Unreliable
Recommended Citation
"2075 Creston Ave. Realty LLC v. Colon" (2025). All Decisions. 2091.
https://ir.lawnet.fordham.edu/housing_court_all/2091
