Tenants Sufficiently Presented Claims of Overcharge and Improper Deregulation
LVT Number: #33527
Various building tenants sued landlord, claiming rent overcharge and improper deregulation of their apartments, which they claimed were rent stabilized. They also claimed breach of the warranty of habitability for each of their units. Landlord asked the court to dismiss tenants' complaint prior to filing any answer.
The court ruled against landlord and ordered it to file an answer to tenants' claims. Tenants were entitled to challenge the deregulated status of their apartments at any time during their tenancy, and landlord hadn't presented any proof at this point demonstrating as a matter of law that the apartments weren't rent stabilized. Tenants also presented a colorable claim of rent fraud, stating that landlord failed to give them rent-stabilized leases or lease riders and falsely represented that the apartments weren't regulated. Tenants also claimed that rent registrations on file with the DHCR were irregular and unreliable because, in 2010, landlord inexplicably filed registrations for years 2006-2010 that retroactively altered the rent-stabilized statuses of the apartments and removed them from rent stabilization. Tenants also adequately presented claims for breach of the implied warranty of habitability since they cited issues with leaking, faulty or broken plumbing fixtures, leaking radiators, and more.
Jacques v. 182 Hester St. LLC: Index No. 162296/2023, 2024 NY Slip Op 34476(U)(Sup. Ct. NY; 12/20/24; Adams, J)