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2018 NY Slip Op 50349

Citation
2018 NY Slip Op 50349
Jurisdiction
New York (state)
Source
Official source

Full Text

1,790 chars
"current and former tenants of the Parkoff Buildings who, between June 7, 2013
and the present date, resided in rent-stabilized or unlawfully-deregulated apartments, and who
paid rent more than the legal limit based on misrepresentations by Defendants, or any
predecessor in interest, concerning legal regulated rents and improvements"

(id., ¶ 212). Plaintiffs also propose a sub-class (Sub-Class)
consisting of all current tenants in the Parkoff Buildings who currently reside in a rent-stabilized
apartment or unlawfully deregulated apartment (id., ¶ 214).

The complaint contains six causes of action for: (1) violation of Rent Stabilization Law
(RSL) § 26-512 (on behalf of the Class); (2) violation of RSL § 26-512 (on behalf of
the Sub-Class); (3) declaratory relief (on behalf of the Sub-Class) determining: (a) the apartments
are subject to the RSL and RSC; (b) plaintiffs and members of the Sub-Class are each entitled to
a rent stabilized lease; (c) the amount of the legal regulated rent for their apartments; (d) any
leases offered by defendants to plaintiffs and members of the Sub-Class are invalid unless they
are offered on forms and terms prescribed by DHCR; and (e) plaintiffs and members of the
Sub-Class are not required to pay rent increases until legal rent-stabilized lease offers are made
to, and accepted by, plaintiffs and members of the Sub-Class; (4) violation of General Business
Law § 349 (on behalf of the Class); (5) illegality and mistake of contract (on behalf of the
Class); and (6) illegality and mistake of contract (on behalf of the Sub-Class).

Defendants' arguments

The General Business Law § 349 claim should be dismissed because it applies only to
conduct directed at the public at large, not private disputes between landlords and tenants. The