Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025)

Citation: Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025)
Parent Document: Reichenbach v. Jacin Invs. Corp., 2025 NY Slip Op 02023 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-04-03
Original Source: https://www.courtlistener.com/opinion/10491002/reichenbach-v-jacin-invs-corp/ ↗

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The court granted the second and fourth claims for a determination of the legal regulated rents for the rent-stabilized apartments but denied the motion to the extent it sought the calculation of the specific rents and damages. The owners object to the motion court's finding that the default formula applied to apartments 2J, 3D, and 5J. We disagree, as under both pre-HSTPA law and the new "totality of the circumstances" test under the amendments, these tenants met their prima facie burden on the indicia of fraud. We also find that in the totality of the circumstances, Kerner established that 4C was included in the fraudulent scheme to deregulate the apartments, and her base date rent should be calculated under the default formula as well (9 NYCRR 2522.6[b][2], [3]).

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