Tenants Can Pursue Class Action Against Landlord for Improper Deregulation, Overcharge

July 26, 2024

LVT Number: #33299

Apartment building tenants sued landlord in 2018 for a declaration that they were rent stabilized and for refund of rent overcharges. The tenants asked the court to certify building tenants as a class based on their claim that there were other similarly situated tenants in the building. The court ruled against tenants without prejudice to renew their claim for class certification. In 2023, the court granted tenants' later request for class certification. Landlord appealed and lost.

Apartment building tenants sued landlord in 2018 for a declaration that they were rent stabilized and for refund of rent overcharges. The tenants asked the court to certify building tenants as a class based on their claim that there were other similarly situated tenants in the building. The court ruled against tenants without prejudice to renew their claim for class certification. In 2023, the court granted tenants' later request for class certification. Landlord appealed and lost. The appeals court found that the trial court had properly exercised its discretion in granting class certification since its prior ruling was without prejudice and permitted tenants to renew their request.

Morelos v. DW Fort Lee, LLC: 2024 NY Slip Op 03042, 210 NYS3d 508 (App. Div. 2 Dept.; 6/5/24; Iannacci, JP, Chambers, Wooten, Wan, JJ)

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