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
Index No. 522076/17
Slip Opinion Number
2026 NY Slip Op 06092
Petitioner
Kyle Connors, et al.
Respondent
Kushner Companies, LLC, et al.
Judge
Genovesi, Lara J.; Ford, William G.; Voutsinas, Helen; Golia, Donna-Marie E.; Walker, Edgar G. (Sup Ct, lower court)
Decision/Order Date
2026-10-21
Posture
Post-Answer Motion by Tenant
Disposition
Other
Winner
Mixed/Other
Synopsis
App Div 2nd affirms Supreme Court (Walker, J.) finding that two units were not subject to rent stabilization but denying summary judgment on remaining units. A 2014 RSC amendment removed the prior requirement that the first tenancy after a temporary student-housing exemption (RSC § 2520.11[f]) must be rent stabilized, so landlord could potentially deregulate pre-HSTPA; however, landlord failed to prove proper deregulation, and no fraudulent scheme was established, so both sides' summary judgment motions are largely denied.
Keywords
Rent Stabilization; Rent Overcharge; Temporary Exemption From Rent Stabilization; RSC § 2520.11[f]; First Tenancy After Temporary Exemption May Be Rent Stabilized Or Market Rate; Landlord May Be Entitled To Deregulate Apartment After Temporary Exemption; RSC § 2526.1[a][3][iii]
Recommended Citation
"Connors v. Kushner Cos., LLC" (2026). All Decisions. 2499.
https://ir.lawnet.fordham.edu/housing_court_all/2499
