Graham Court Owner's Corp. v. Taylor, 115 A.D.3d 50 (2014)

Citation: Graham Court Owner's Corp. v. Taylor, 115 A.D.3d 50 (2014)
Parent Document: Graham Court Owner's Corp. v. Taylor, 115 A.D.3d 50 (2014)
Jurisdiction: New York (state)
Effective Date: 2014-01-21
Original Source: https://www.courtlistener.com/opinion/6107758/graham-court-owners-corp-v-taylor/ ↗

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The history of this landlord-tenant relationship had an unauspicious start. In May 2004, the tenant and landlord entered into a rental lease for $2,200 a month, for an unregulated apartment in Manhattan. In October 2005, however, the tenant filed a rent overcharge complaint with the New York State Division of Housing and Community Renewal (DHCR), claiming that his $2,200 rent was an overcharge because he was never made aware that the apartment was subject to the Rent Stabilization Law and Code when he took occupancy. In opposition, the landlord claimed that the apartment had become deregulated because $60,000 in renovations were performed to the apartment before the tenant took occupancy. In response, the tenant submitted proof that he — not the landlord — performed renovation work at the apartment.1 In January 2007, DHCR found that there had been an overcharge and that the apartment remained rent-regulated. Supreme Court dismissed the landlord’s CPLR article 78 petition challenging DHCR’s determination, and this Court affirmed the dismissal.2

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