Apartment Was Reregulated Due to J-51 Benefits

LVT Number: #29970

Tenant sued landlord, claiming rent overcharge and that his apartment was improperly deregulated. Landlord claimed that tenant was barred by the doctrine of collateral estoppel because he didn't participate in DHCR proceedings held 13 years earlier that resulted in deregulation of the apartment based on high-income deregulation. The court denied landlord's request to dismiss the case but also denied tenant's request for a declaration that the apartment was rent stabilized. Tenant and landlord both appealed.

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Suarez v. Four Thirty Realty LLC: 92 N.Y.S.3d 649, 2019 NY Slip Op 01307 (App. Div. 1 Dept.; 2/21/19; Renwick, JP, Tom, Singh, Moulton, JJ)