Case Type
Rent Overcharge
Housing Type
Rent Stabilized
Court
Appellate Division, Second Department
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2024-13192
Slip Opinion Number
2026 NY Slip Op 04748
Petitioner
Nichole Fabo et al.
Respondent
89 Hicks St., LLC
Judge
Iannacci, Angela G., J.P.; Ford, William G.; Ventura, Lourdes M.; Quirk, Susan
Decision/Order Date
2026-07-29
Posture
Post-Answer Motion by Tenant
Disposition
Reversed for Tenant
Winner
Tenant Substantially Won
Synopsis
Tenants in a rent overcharge class action moved to amend their complaint to add a claim that legal regulated rents and resulting overcharges should be calculated using the default formula under RSC § 2522.6(b)(3). The Appellate Division reversed Supreme Court's denial of the amendment, finding the proposed claim not palpably insufficient, and citing a DHCR determination in a similar case as support. The court also clarified that appellate courts are not bound by the law of the case doctrine as applied at the trial court level.
Keywords
Rent Overcharge Class Action; Default Formula for Rent Overcharge Calculations Under RSC § 2522.6(b)(3); Tenants' Motion to Amend Complaint Under CPLR 3025(b) Granted; Appellate Courts not Bound by Law of the Case Doctrine
Recommended Citation
"Fabo v. 89 Hicks St., LLC" (2026). All Decisions. 2344.
https://ir.lawnet.fordham.edu/housing_court_all/2344
