Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Supreme Court, Appellate Term, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570315/25
Slip Opinion Number
25260
Petitioner
167 8th Avenue LLC
Respondent
Jared Goldstein
Judge
James, P., Brigantti, A., Alpert, J.
Decision/Order Date
2025-12-02
Posture
Other
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The Appellate Term reversed a money judgment and reinstated a tenant's rent overcharge defenses and counterclaims, remanding for reconsideration. While the appeal regarding possession was dismissed as moot due to the tenant's eviction, the monetary claims persisted. The court held that recent legislative amendments (L. 2024, Ch. 95 § 4) mandating a "totality of the circumstances" standard for fraudulent deregulation claims apply to pending cases. This new standard, more favorable to tenants, requires the lower court to determine if the landlord knowingly engaged in a fraudulent scheme to remove the apartment from rent stabilization.
Keywords
Rent Overcharge Defenses and Counterclaims Reinstated Post-eviction; Totality of the circumstances standard for fraudulent scheme to deregulate; L. 2024, Ch. 95 § 4; Appeal as to Judgment of Possession Dismissed as Moot Because Tenant was Evicted Pending Appeal
Recommended Citation
"167 8th Ave. LLC v Goldstein" (2025). All Decisions. 2132.
https://ir.lawnet.fordham.edu/housing_court_all/2132
