Decision Precludes Tenant from Introducing any Claim for Damages based upon Rent Overcharge for the Period after Lease was Terminated
For Immediate Release
Shea Communications, LLC
George Shea, Mark Faris (212) 627-5766
Rosenberg & Estis, P.C., a premier New York City real estate law firm with an award-winning Litigation Department, successfully prevented a Manhattan building owner from incurring six years of potential damages from a tenant claiming she had been subject to rent overcharge while occupying a rent stabilized apartment.
On January 16, 2019, Honorable Arthur F. Engoron of the Supreme Court, New York County, issued a decision that precluded tenant from introducing any claim for damages based upon rent overcharge for the period after her lease terminated.
Blaine Z. Schwadel, member, of Rosenberg & Estis, P.C. represented the owner.
The tenant’s lease term commenced on May 1, 2010 and was terminated on August 11, 2012 by order of the Housing Court. However, the tenant continued to occupy the apartment for another six years as a holdover tenant and “no longer a party to a lease.”
R&E argued that tenant should not be permitted to allege rent overcharge and/or seek any damages for the period beyond August 11, 2012, when her tenancy was terminated.
The Court upheld R&E’s arguments and issued an order precluding tenant from introducing any evidence of any kind related to any period after August 11, 2012, i.e., when tenant’s tenancy terminated. The Court held that tenant could not seek damages predicated on a rent overcharge claim for any period after August 11, 2012 and prevented the tenant from introducing any evidence in support of that post-lease claim.
“We are thrilled that the Court correctly recognized that tenant was attempting to benefit from her illegal holdover and rightly prevented same,” said attorney.