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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We modify the order under the newly-enacted amendments to the Rent Stabilization Law (RSL) and Code (RSC) relating to establishing fraud in the context of the rent regulatory scheme, which apply to all claims pending as of December 22, 2023, including the claims here (L 2023, ch 760; L 2024, ch 95; Gomes v Vermyck, LLC, AD3d-, 2025 NY Slip Op 00849 [2d Dept 2025]). As relevant here, the amendments direct the courts to return to the fraud analysis in Thornton v Baron (5 NY3d 175 [2005]) and Matter of Grimm v State Div. of Hous. and Community Renewal Off. of Rent Admin. (15 NY3d 358 [2010]) in implementing "the intent of the legislature to discourage and penalize fraud against the rent regulatory system itself, as well as against individual tenants" (L 2023, ch 760, part B, § 1). The amendments also permit us to consider "records of any age or type, going back to any date that may be relevant" to establish whether an apartment was properly deregulated (L 2024, ch 95, § 2). For these reasons, we modify the order appealed to grant summary judgment to plaintiff Amy Kerner on her first claim and declare that apartment 4C is subject to rent stabilization and Kerner is entitled to a proper rent-stabilized lease, which the owners are directed to provide, and to find that her apartment was also subject to the owners' fraudulent scheme to deregulate apartments in the building.

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