Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
154436/24
Slip Opinion Number
2026 NY Slip Op 02919
Petitioner
Hyunseoung Choi
Respondent
Linc LIC L.L.C.
Judge
Scarpulla; Mendez; Shulman; Rodriguez; Hagler
Decision/Order Date
2026-05-12
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this rent overcharge action, the Appellate Division modified the lower court's order, granting summary judgment to the tenant on liability. The court held that the landlord's rent concessions, exceeding three months, functioned as a preferential rent under post-HSTPA law, rejecting pre-HSTPA DHCR guidance. It also found lease provisions allowing the landlord to assess attorneys' fees without a court order unconscionable and unenforceable under Real Property Law § 234-a and Rent Stabilization Law § 26-512(g). The landlord failed to rebut the presumption of willfulness, as post-commencement refunds do not defeat it, thus warranting treble damages. The case was remanded for damages calculation.
Keywords
Rent Concession Exceeding 3 Months; Rent Overcharge; Unconscionable Legal Fees; Post-Commencement Refunds do not Defeat Willfulness; Treble Damages
Recommended Citation
"Choi v. Linc LIC L.L.C." (2026). All Decisions. 2204.
https://ir.lawnet.fordham.edu/housing_court_all/2204
