Case Type
Overcharge
Housing Type
Rent Stabilized
Court
Supreme Court, New York County
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
Not Stated
Slip Opinion Number
2026 NY Slip Op 51403(U)
Petitioner
Tuan Mai
Respondent
SP 1143 Second LLC
Judge
Gerald Lebovits, J.
Decision/Order Date
2026-08-10
Posture
Post-Answer Motion by Tenant
Disposition
Motion Denied for Tenant
Winner
Landlord Substantially Won
Synopsis
Respondent wins summary judgment dismissing nearly all overcharge claims. Reargument denied—Burrows v 75-25 153rd St. did not require a different result since petitioner offered no evidence of fraud whatsoever. The 2012-2013 increase is explained by the Carbone renewal lease; the 2016 IAI is substantiated by contractor affidavits, design drawings, and photographs. One narrow factual dispute survives: whether the $1,032 cabinet-door component of the 2013 IAI was proper where the door count is disputed. Respondent awarded attorneys' fees as prevailing party on the central claims; parties to confer on damages amount.
Keywords
Supreme Court; Rent Overcharge; Pre-HSTPA; Four-Year Lookback Period; Indicia of Fraud Required to Look Back More Than Four Years; Rent Increase Plus Missing Registrations Insufficient Indicia of Fraud; Burrows v 75-25 153rd St; Hess v EDR Assets; IAI; Attorneys' Fees Awarded to Landlord
Recommended Citation
"Tuan Mai v. SP 1143 Second LLC" (2026). All Decisions. 2498.
https://ir.lawnet.fordham.edu/housing_court_all/2498
