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24-25 27th St. LLC v. Sheika

Premises Properly Deregulated; Landlord Awarded Final Judgment of Possession

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DECISION/ORDER

*1  Petitioner commenced this holdover proceeding to recover possession of Apartment 3-1 located at 24-25 27th Street, Astoria, New York, on the ground that Petitioner terminated Respondent’s month to month tenancy. Both parties are represented by counsel. Neither John Doe nor Jane Doe appeared and the trial is deemed an inquest as to them. The petition asserts the apartment was destabilized as a result of luxury decontrol. Respondent filed a written answer with affirmative defenses and counterclaims. Respondent asserts 1) the premises was not deregulated properly and the subject premises are still rent stabilized; 2) Petitioner wilfully overcharged Respondent, and; 3) Petitioner has harassed Respondent by failing to offer a rent stabilized lease and renewals. Respondent seeks dismissal of the proceeding and attorneys fees. After trial the Court reserved decision upon submission of post-trial memorandums of law.At trial, certified copies of Petitioner’s deed, MDR, and DHCR apartment rent history, as well as the 2008 and 2012 leases between the parties were entered into evidence by stipulation between the parties. Petitioner’s witness, the property manager, testified he believed the apartment to be a fair market rent apartment. He began managing the subject building in the beginning of 2016. He had no personal knowledge

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