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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Thornton (5 NY3d 175 [illusory tenancy to circumvent rent stabilization]), Matter of Grimm (15 NY3d 358 [tenant charged an illegal rent, but told it would be reduced if they paid for improvements and repairs]), and Conason v Megan Holding, LLC (25 NY3d 1 [unrefuted proof of fraud in the record]), provide bold examples of fraudulent schemes by owners. In such cases the rent charged four years prior to the commencement of the overcharge action was unusable because it was clearly unreliable or illegal, and the fabricated rent was an integral part of the fraudulent scheme to remove the apartment from the protections of rent stabilization[*10]. Consequently, in Thornton cases, application of DHCR's default formula was necessary to ascertain the base date rent because the rent actually charged is fictitious (Grimm, 15 NY3d at 366 and n 1).

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