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-321750-23/NY

Slip Opinion Number

2026 NY Slip Op 51134(U)

Petitioner

Sammy Group LLC

Respondent

Justin Collins

Judge

Stoller, Jack

Decision/Order Date

2026-07-24

Posture

Post-Trial Motion by Landlord

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

After trial on the tenant's counterclaims of breach of warranty of habitability, harassment, and rent overcharge, the court entered judgment for the tenant on all three. The subject apartment was found to be an unlawful combination of predecessor apartments whose legal rent was never registered with DHCR, requiring application of the default formula under RSC § 2522.6(b)(3) to calculate overcharge damages. The court awarded a rent abatement, civil penalties for harassment, and entered an order enjoining the landlord from further harassing the tenant.

Keywords

Rent Stabilization; Frankenstein Apartment; Calculation of Rent Overcharges Using Alternative Methodologies for Determining Base Date Rent Under RSC § 2522.6(b)(2)(iii) & RSC § 2522.6(b)(3)

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