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2018 NY Slip Op 50349

Citation
2018 NY Slip Op 50349
Jurisdiction
New York (state)
Source
Official source

Full Text

1,776 chars
provide their tenants with rent-stabilized leases as a condition of receiving tax benefits and are
not permitted to avail themselves of "high rent vacancies" to deregulate rent-stabilized
apartments (id., ¶¶ 8-9). Such landlords are required to register the apartments
with the Division of Housing and Community Renewal (DHCR), and to provide their tenants
with appropriate riders detailing the tax credit (id., ¶10).

Defendants, the complaint alleges: (1) have provided their tenants with free market leases,
instead of their statutorily entitled rent-stabilized leases; (2) claimed erroneous and
undocumented IAIs; and (3) failed to register apartments with DHCR. Defendants' conduct
violates the J-51 Program and New York City's Rent Stabilization Law (RSL), as codified by the
Rent Stabilization Code (RSC), and General Business Law § 349, et seq. (id.,
¶¶ 25-28).

Plaintiffs, individually and on behalf of the "Class," seek a judgment providing: (1)
declaratory and injunctive relief, directing defendants to provide appropriate rent-stabilized
leases; (2) an independent audit of rents that defendants demand; (3) disgorgement of rent
overcharges; (4) compensatory and statutory damages; and (5) reasonable attorneys' fees and
expenses (id., ¶ 29).

The affected properties and named plaintiffs include: (1) 144 East 22nd
Street: Courtney Quinn and Jeanne Shotzbarger (apartment 1A); James Edwards (2B); Claire
Shriver and Anum Shah (3B); James and Miriam Ramsay (3C); Lora Seo (4D); Adam Heltzer
(5B); Christine Yi (6D); (2) 1-9 Seaman Avenue: Richard and Idalmis Borovoy (1D); (3) 11-19
Seaman Avenue: Graham Ciraulo (4C); Thomas Pierce and April Townes (5B); (4) 15 Seaman
Avenue: Judith Trezza (2D); Antonio Vazquez and Jennifer Duprey (4E); Juliette Vaiman (5G);