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-318085-24/NY

Petitioner

HP ACP HOUSING DEVELOPMENT FUND COMPANY, INC. AS NOMINEE FOR BSP 204-206 W 135 LLC AND BSP 204-206 W 135 2 LLC

Respondent

Rachel Bagwell, "John Doe", "Jane Doe"

Judge

Meyers, Adam R.

Decision/Order Date

2025-12-03

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 conduct discovery regarding an affirmative defense of rent overcharge, citing irregularities in the rent registration history including significant unexplained rent increases. Applying the principles of *W. Pierre Assoc. LLC v. Harvey*, the court found ample need for discovery, noting that the tenancy and alleged overcharge occurred post-HSTPA and that investigation of the basis for substantial rent increases from 1995-1997 and 2010-2011 was necessary to determine the reliability of the base date rent. The court granted the tenant's motion for discovery, ordering production of relevant documents but striking interrogatories and one document demand as overbroad.

Keywords

Rent Overcharge; Discovery; Unexplained Rent Increase; Interrogatories Stricken

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