Tenant Entitled to Almost $74K for Rent Overcharge

Tenant sued landlord for rent overcharge and fraudulently deregulating its entire building, including tenant's apartment. Landlord had deregulated tenant's apartment despite the fact that the building was receiving J-51 tax benefits. Tenant asked the court to decide the case without a trial.

The court ruled for tenant, finding she was entitled to declarations that: (a) her apartment was a rent-stabilized unit; (b) landlord had engaged in a fraudulent scheme to deregulate the building and therefore the apartment's legal regulated rent should be determined using the default formula set forth in RSC Section 2522.6(b); and (c) landlord willfully overcharged tenant and tenant therefore was entitled to a money judgment for the overcharge with triple damages and interest. The court awarded tenant close to $74,000 in rent overcharges, together with interest, costs, and disbursements. A hearing would be held to determine the amount of attorney's fees that tenant was entitled to.

Silkes v. B-U Realty Corp.: Index No. 1500522/2015, 2022 NY Slip Op 33712(U)(Sup. Ct. NY; 10/31/22; Goetz, J)