Landlord-Tenant—Stabilization—Luxury Decontrol—Altman Issue Seemingly Resolved in ‘Matter of 18 St. Marks Palace Trident LLC v. State of New York Div. of Hous. & Community Renewal’—Civil Court Opine That Altman Did Not Effect a “Sea Change in Nearly Two Decades of Settled Statutory and Decisional Law”
A landlord commenced a nonpayment proceeding. The landlord previously sent a rent demand, seeking $1,181.67 for May and $1,825 for June. The tenant answered and counterclaimed for a rent overcharge. The tenant thereafter moved to dismiss the case on the grounds that the petition failed to state a cause of action because the predicate notice sought rent in excess of that allowed under the Rent Stabilization Law (RSL) and for damages based on the alleged overcharge.
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