No Overcharge Collected from Tenant of Improperly Deregulated Apartment

LVT Number: #30126

Tenant sued landlord, claiming improper apartment deregulation and rent overcharge. Landlord asked the court to dismiss the case without trial. The court ruled for landlord. The building received J-51 tax benefits from 1999 to 2010. Prior rent-controlled tenant moved out of the apartment in 2009 and landlord then gave the complaining tenant an unregulated lease based on high-rent vacancy deregulation. In a prior court action, a court ruled that tenant was rent stabilized, and landlord gave tenant a rent-stabilized lease at $5,200 per month.

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Goldfeder v. Cenpark Realty: Index No. 155687/16, NYLJ No. 1555898403 (Sup. Ct. NY; 4/5/19; Kennedy, J)