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Riccio v. Windermere Owners LLC

Landlord Found Liable for Rent Overcharge, Treble Damages Since Inception of Tenancy

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DECISION/ORDER

*1 Plaintiffs commenced this action on December 7, 2015 by filing a summons and complaint with an ad damnum clause which seeks: 1) money damages for rent overcharge; 2) treble damages for rent overcharge; 3) a declaratory judgment that plaintiffs are rent-stabilized tenants, and are entitled to a rent-stabilized lease at a legal rent; 4) an injunction requiring Windermere to provide plaintiffs with such a lease; 5) an injunction preventing Windermere from attempting to evict plaintiffs; and 6) attorneys fees. The fundamental allegation is that Windermere committed a rent overcharge and they are entitled to a quantity of relief as a result. Windermere filed an answer with affirmative defenses on December 28, 2015. Plaintiffs’ current motions are motion sequence 2, which seeks summary judgment on the issue of liability, and motion sequence 3, which seeks summary judgment on the issue of damages. The motions are consolidated for disposition and granted for the reasons, and to the extent, set forth below.BACKGROUNDPlaintiffs Christopher Riccio and Khanh Tran (plaintiffs) are the tenants of apartment 20J in a building located at 666 West End Avenue in Manhattan (the building). Defendant Windermere Owners LLC (Windermere) is the building’s owner. Plaintiffs took occupancy of apartment 20J pursuant to a lease that they executed with Windermere on August 9, 2012 (the

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