Court Certifies Class Action for Claims of Improper Deregulation and Rent Overcharge

Two building tenants sued landlord for rent overcharge and asked the court for certification as a class action. In connection with that, they also asked the court to direct landlord to provide contact information for the proposed class members.

The court ruled for tenants, finding that they were adequate representatives of the class. Both of the plaintiffs explained that the grounds for the lawsuit was landlord's improper treatment of their apartments as unregulated, and resulting rent overcharges. The court also found that the plaintiff tenants understood the scope of their responsibility to the class. The court noted that there is a public benefit to this class action since it might induce more responsible behavior in landlords. The proposed class notice clearly explained the lawsuit and informed the members of the benefits of a class action, as well as the loss of the potential right to obtain triple damages.

The court denied landlord's request that the proposed notice to other tenants should set forth all of landlord's affirmative defenses.

Quinatoa v. Hewlett Assoc, LP: Index No. 151132/2018, 2022 NY Slip Op 30314, NYLJ No. 1653429128 (Sup. Ct. NY; 4/21/22 Kraus, J)