In one category, plaintiffs allege that defendants impermissibly failed to file the legally
required registrations for their apartments, despite the building receiving J-51 tax benefits, and
that some plaintiffs have never received any of the required J-51 riders. These plaintiffs include:
(1) Courtney Quinn and Jeanne Shotzbarger (apartment 1A at 144 East 22nd Street, from
2005-2015); (2) James Edwards (2B [same address], from 2010 to 2015); (3) James and Miriam
Ramsay (3C [same address], for 2015); (4) Lora Seo (4D [same address], from 2007-2015); (5)
Adam Heltzer (5B [same address], from 2011 to 2015; (6) Christine Yi (6D [same address], from
2010 to 2015); (7) Richard and Idalmis Borovoy (1D at 1 Seaman Avenue, from 2008 to 2015);
(8) Judith Trezza (2D at 15 Seaman Avenue, from 2012 to at least 2015); (9) Juliette Vaiman
(5G [same address], from 2008 to 2014); (10) Lisavetta Reyes (1J at 17 Seaman Avenue, from
2005 to 2014); (11) Andom Ghebreghiogis (1N at 19 Seaman Avenue, from 2011 to 2015); and
(12) Charles Goldman (3B at 500 East 235st Street, from 2007 to 2015).
The differing time periods is significant. "[R]ent overcharge claims are generally subject to a
four-year statute of limitations" (Matter
of Grimm v State of NY Div. of Hous. & Community Renewal Off. of Rent Admin., 15
NY3d 358, 364 [2010]). "[U]nder certain circumstances, especially where a landlord has
engaged in fraud in initially setting the rent or in removing an apartment from rent regulation, the
court may examine the rental history for an apartment beyond the four-year statutory period
allowed by CPLR 213—a" (Taylor v 72A Realty Assoc., L.P., 151 AD3d 95, 102 [1st Dept
2017]). Differing allegations of fraud and the time periods involved militate against a finding of