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-319492-24/NY
Petitioner
114TH AFFORDABLE HOUSING LLC
Respondent
BRIANNA JOSEPH
Judge
Ofshtein, Eleanora
Decision/Order Date
2026-05-19
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In a nonpayment proceeding, the tenant moved to amend their answer to include an overcharge counterclaim and for limited discovery. The court granted both motions, finding ample need for discovery. The DHCR rent history showed unexplained, significant rent increases, including a 241.45% jump with insufficient supporting documentation. Citing *W Pierre Assoc LLC v Harvey*, the court held that the tenant raised a question of fact as to the rent history's reliability, which was sufficient to grant discovery related to the overcharge claim in post-HSTPA cases, thus not requiring a fraud claim to overcome the six-year lookback rule.
Keywords
Rent Overcharge; Discovery Granted; Question of Fact as to Reliability of Rent History; Case Analogous to Harvey
Recommended Citation
"114TH AFFORDABLE HOUSING LLC v. Joseph" (2026). All Decisions. 2218.
https://ir.lawnet.fordham.edu/housing_court_all/2218
