Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)

Citation: Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)
Parent Document: Montera v. KMR Amsterdam LLC, 193 A.D.3d 102 (2021)
Jurisdiction: New York (state)
Effective Date: 2021-02-09
Original Source: https://www.courtlistener.com/opinion/4855109/montera-v-kmr-amsterdam-llc/ ↗

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When apartment 4E became vacant in 2009, defendant applied a vacancy increase of 17%, causing the rent to increase to $2,082.26, which was above the high-rent deregulation threshold of $2,000 then in effect. Shortly thereafter, defendant rented the apartment to plaintiff at a rent of $1,150 per month. The March 10, 2010 lease that defendant offered plaintiff was a nonregulated lease. Although defendant was receiving J-51 tax benefits and those benefits did not expire until June 2013, the lease makes no mention of this fact. Thereafter the parties continued to enter into nonregulated lease renewals, so that by 2017 plaintiff's rent had increased to $1,595 a month for the lease term ending July 31, 2018. Plaintiff commenced this action on November 29, 2017 alleging an overcharge, and asserting fraud claims, not only on his behalf, but also on behalf of other similarly situated tenants in the building. Defendant subsequently offered plaintiff a rent stabilized renewal lease dated May 1, 2018. The rent stabilized lease set the legal rent at $2,464.27, but charged plaintiff a temporary preferential rent of $1,595 per month.

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