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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Defendant agrees that plaintiff's [*8]tenancy is rent stabilized. Yaghoubzadeih states that defendant only stopped registering the rent in 2009 when it exceeded $2,000 a month and defendant believed that registration was no longer required. Yaghoubzadeih denies that defendant had any intention of fraudulently deregulating the apartment. Yaghoubzadeih emphasizes that plaintiff's initial rent of $1,150 was not only less than the LRR, but also was less than the registered, preferential rent the previous tenant paid. Defendant maintains that there is no basis for the Court to consider the apartment's rent history prior to November 29, 2013, the base date, because there is no fraud.

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