by the tenants of apartment 3N; it was the responsibility of the 3N tenants to repair the
ceiling in apartment 2N, the subject premises.
According to Tong, after apartment 2N was vacated, Petitioner spent $2,200 to make
repairs the damages allegedly caused by Respondents, such as damage to door moldings,
the finish to the living room floor, stains in the bathroom and other repairs. Petitioner did
not produce any receipts concerning the repairs Tong claims were made.
Petitioner provided no proof that it served a 5-day rent demand on Respondents via
certified mail as required by RPL 235-e(d).
During cross-examination of Tong, Respondents brought out that that the subject
building, 2 Main Street, Dobbs Ferry, NY, is rent-stabilized. Tong denied under oath that
the building was rent stabilized. The building, in fact, is rent stabilized, as was
determined in a prior eviction proceeding filed by Petitioner against another tenant. Bonham Strand LLC v.
Paredes, 57 Misc 3d 1217(A) *3 (Justice Ct Town of Greenburgh 2017).
Petitioner is collaterally estopped from contesting that the building is rent
stabilized.[FN1]
According to Respondent's Exhibit B, the rent for the prior tenant was $1,920 per
month, whereas according to the lease, Petitioner's Exhibit 1, the monthly rent that
Petitioner is seeking is $2,175. The difference, $255, constitutes a 13% increase in rent,
whereas according to the New York State Division of Housing and Community Renewal,
the rent may be increased by 2% only upon vacancy. Respondent's Exhibit C. A 2%
increase would be $38.40 per month. Thus, it appears Petitioner has overcharged
Respondents in the amount of $216.60 per month. As Respondents paid rent for the
period November 15, 2023 through August 31, 2023, a period of 9.5 months, the total