Case Type
Holdover-Lease Expiration
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-317500-25/NY
Slip Opinion Number
2026 NY Slip Op 51424(U)
Petitioner
800 Fifth Avenue Property Owner LLC
Respondent
Penny Trenk; "John Doe"; "Jane Doe"
Judge
Ofshtein, Eleanora
Decision/Order Date
2026-09-01
Posture
Post-Answer Motion by Landlord
Disposition
Motion Denied for Landlord
Winner
Tenant Substantially Won
Synopsis
In holdover based on alleged GCEL exemption (rent above 245% of fair market under RPL § 214(15)), court denies both parties' motions for summary judgment. Landlord failed to establish deregulation following 421-a expiration due to unresolved issues regarding corporate leases and regulatory history. Tenant's defenses of rent stabilization, GCEL, retaliatory eviction, and rent overcharge survive. Tenant's discovery request denied as records are obtainable from government agencies.
Keywords
Rent Stabilization; 421-a Expiration; Deregulation; RSC § 2520.11(p)(1); Succession; Corporate Lease; Rent Overcharge; GCEL Exemption Under RPL § 214(15) for Rent Above 245% of Fair Market; Discovery; No Ample Need If Documents Are Available From Government Agencies
Recommended Citation
"800 Fifth Ave. Prop. Owner LLC v. Trenk" (2026). All Decisions. 2426.
https://ir.lawnet.fordham.edu/housing_court_all/2426
