Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-318668-25/KI
Slip Opinion Number
2026 NY Slip Op 26051
Petitioner
650 Crown Equities, LLC
Respondent
Sacha A. Sealey
Judge
Bacdayan, Karen, M.
Decision/Order Date
2026-04-10
Posture
Post-answer Motion by Tenant
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
In this nonpayment proceeding, the tenant moved to amend her answer to assert a fraudulent rent overcharge claim, overcharge damages, and discovery, citing a significant pre-HSTPA rent increase. The court denied the tenant's motion for a fraudulent overcharge claim and overcharge damages. However, it granted discovery to review the full rent history to determine a reliable basis for the 2007 rent increase, which would *prospectively* set the legal regulated rent. The court held that post-HSTPA overcharge damages for nonfraudulent pre-HSTPA conduct cannot be awarded if they rely on new, unconstitutionally retroactive calculation methods. Other proposed defenses were granted.
Keywords
All Available Rent History Shall be Considered When Setting Legal Regulated Rent
Recommended Citation
"650 Crown Equities, LLC v. Sealey" (2026). All Decisions. 2171.
https://ir.lawnet.fordham.edu/housing_court_all/2171
