Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Supreme Court of the State of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
817135/2023E
Petitioner
ESTELA MIRANDA HERNANDEZ, PAULINO PEREZ RAMOS, BRYANT PEREZ MIRANDA
Respondent
975 S LLC
Judge
Nicolas-Brewster, Mary-Lynn
Decision/Order Date
2026-05-06
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this rent overcharge case, the court grants the plaintiffs' motion for summary judgment, finding the landlord was not entitled to charge a first rent under DHCR Operational Bulletin 95-2. Although the landlord combined parts of two adjacent rent-stabilized apartments through gut renovation, the court holds the prior apartment's essential character and function remained intact — the perimeter walls were not substantially changed and the modifications did not meet the reconfiguration-plus-obliteration standard. The court denies treble damages and appoints a Special Referee to calculate the legal regulated rent and overcharge amount.
Keywords
Rent Stabilization; First Rent After Substantial Alteration Of Apartment; Gut Renovation; Reconfiguration Plus Obliteration Standard; Rent Overcharge; Summary Judgment; DHCR Operational Bulletin 95-2; Adjacent Apartments Combined
Recommended Citation
"Hernandez v 975 S LLC" (2026). All Decisions. 2253.
https://ir.lawnet.fordham.edu/housing_court_all/2253
