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-322562-25/KI

Petitioner

577 Vanderbilt LLC

Respondent

James Hassell

Judge

Grant, Sulay K.

Decision/Order Date

2026-07-14

Posture

Post-Answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Landlord commenced a nonpayment proceeding demanding the legal regulated rent. In 2018, landlord's predecessor-in-interest settled a prior nonpayment proceeding by two-attorney stipulation, granting tenant a preferential rent of $1,750 set to expire August 14, 2024. After HSTPA's enactment on June 14, 2019, RSL §26-511(c)(14) and RSC §2521.2(d) were amended to require that any tenant paying a preferential rent as of HSTPA's effective date be charged no more than that preferential rent for the lifetime of the tenancy. Tenant moved for summary judgment. The court granted the motion, holding that the 2018 stipulation's expiration date became unenforceable after HSTPA, that applying HSTPA prospectively to future renewal leases does not constitute an impermissible retroactive effect, and that the rent demand was fatally defective both because it sought the legal regulated rent rather than the preferential rent, and because it included late fees and legal fees totaling over 10% of the total rent demanded.

Keywords

Rent Overcharge; Preferential Rent; Post-HSTPA Preferential Rent Is For Lifetime Of Tenancy, Cannot Be Revoked; Constitutional Retroactivity Analysis

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