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-318089-24/NY

Petitioner

HP ACP HOUSING DEVELOPMENT FUND COMPANY, INC., AS NOMINEE FOR BSP 2232-2240 ACP LLC; BSP 2232-2240 ACP LLC 2

Respondent

Zingria Majeeth; "John Doe"; "Jane Doe"

Judge

Chinea, Daniele

Decision/Order Date

2026-03-25

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this nonpayment proceeding, the tenant asserted rent overcharge defenses and moved for discovery. The court granted the tenant's motion for leave to conduct discovery, finding ample need under the *Farkas* factors and demonstrating that the rent history was unreliable per *Harvey*. The court cited the significant, unexplained vacancy increase from 2017 to 2018, the charging of preferential rents since 2019, and the lack of Department of Buildings work permits as reasons to allow discovery beyond the statutory look-back period, limiting the timeframe to January 1, 2017, to present.

Keywords

Discovery Going Back More Than Six Years Granted on Tenant’s Rent Overcharge Claim; Tenant Showed that DHCR Rent History Is Unreliable Under Harvey Standard; Totality of the Circumstances Standard for Rent Overcharge; Unexplained Large Rent Increases; Apartment Registered Vacant and Subsequently Registered Preferential Rents

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