Tenants Can Subpoena DHCR Rent Registration Records

Tenants sued landlord, claiming that it illegally and fraudulently deregulated their apartments and overcharged them. Landlord denied the claims, and tenants asked the court to approve a subpoena they wanted to serve on the DHCR to obtain various documents, including the rent registration "rent roll" for the building. Tenants said that these documents were needed to clear up discrepancies in the rent registration history of the apartments based on records already produced by landlord.

The court signed off on the subpoena, and landlord objected. Landlord claimed that the subpoena was defective for failing to provide 24 hours' notice to the DHCR, which was required by CPLR Section 2307. Landlord also argued that tenants hadn't served their motion for approval of the subpoena on the DHCR. But the DHCR had no objection to complying with the subpoena. And the subpoena sought documents relevant to discovering when and if the apartments ever became deregulated, and if they were always regulated, at what date the rent charged became illegal. In prior cases, appeals courts had ruled that where tenants alleged a fraudulent scheme to deregulate multiple apartments in a building, the DHCR rent rolls were relevant and could be subpoenaed.

Brookes v. 157th St. Assoc., LLC: Index No. 160664/2020, 2022 NY Slip Op 50507(U)(Sup. Ct. NY; 6/14/22; Rosado, J)