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-305111-25/KI
Petitioner
BOTTEM REALTY, LLC
Respondent
NSAFOAH YAA, JOHN DOE, JANE DOE
Judge
Cohen, Hannah
Decision/Order Date
2026-05-26
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The Civil Court denied the tenant's motion for discovery in a nonpayment proceeding where the tenant raised a rent overcharge defense. The tenancy commenced in 1992 and rent history included multiple unexplained increases exceeding legally permitted amounts. The court distinguished Harvey and Syllman, holding that reliance on those post-HSTPA cases was misplaced because the tenancy predated HSTPA, and declined to extend the fraud exemption to pre-HSTPA tenancies absent a fraud claim.
Keywords
Discovery Denied in Rent Overcharge; Rent Overcharge; HSTPA; Harvey; Syllman; Pre-HSTPA Tenancy; Fraud Not Required Post-Harvey
Recommended Citation
"Bottem Realty, LLC v. Yaa" (2026). All Decisions. 2226.
https://ir.lawnet.fordham.edu/housing_court_all/2226
