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Wadsworth LP v. Fierro

Tenant Entitled to Recover Nearly $31,000 in Rent Overcharges, But Not Treble Damages

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DECISION/ORDER

*1  Petitioner commenced this summary holdover proceeding in March 2016 alleging that respondent’s month to month tenancy had been terminated by a thirty day notice. When the case came before this court for trial, the petitioner’s counsel conceded that the apartment was rent stabilized. The holdover claim was accordingly dismissed, and the trial proceeded only on the respondent’s counterclaim for rent overcharge. The facts are these. In 2008 the subject apartment was registered with the DHCR as rent stabilized at a monthly rent of $720.25. Respondent Jesus Fierro rented the apartment from a predecessor landlord in 2009. He signed a one year lease at a rent of $1250.00 per month. That lease stated explicitly that the apartment was not subject to rent regulation. It contained no riders explaining how the rent was calculated or when or how the apartment was deregulated. The 2009 DHCR registration said only that the apartment had been high rent vacancy decontrolled and that the rent was $1250.00 per month, a rent level that would not support decontrol.There have been no lease renewals, and the monthly rent has remained $1250.00 throughout the tenancy. Petitioner purchased the property in 2015. Soon after, petitioner

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