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Williams v. Daphne Realty

Landlord Granted Dismissal; Overcharge, Treble Damages Claims Fall Within DHCR's Expertise

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 were read on this motion to/for Dismissal.DECISION AND ORDER In this action plaintiff, Damon Williams, seeks to recover damages for alleged rent overcharges and seeks an order declaring the subject apartment to be rent stabilized. Defendant, Daphne Realty Corp., seeks to dismiss the action so that plaintiff’s claims can be determined by the New York State Division of Housing and Community Renewal (“DHCR”), and alternatively pursuant to CPLR 3211(a)(1), (a)(2), (a)(5), and (a)(7), and CPLR 213(a).BACKGROUNDPlaintiff seeks an award of money damages in the amount of $84,288.00 for alleged rent overcharge for the last four years, an award of treble damages and attorney’s fees. (NYSCEF Doc. No. 1). Plaintiff also seeks a declaration that 302 West 51st Street, Unit 4B, is rent stabilized. According to the allegations set forth in the complaint, plaintiff-tenant took possession of the subject unit pursuant to the terms of a written lease in 2008 at a monthly rental of $2,000/month. Prior to taking possession, the unit had been registered with the DHCR as vacant from 1989 and as temporarily exempt due to owner/employee occupied use, from 2003 to 2007, and as permanently exempt in May, 2008. (NYSCEF Doc. No. 12).Plaintiff alleges that the last rent that is registered with DHCR with respect to the subject unit was $381.50 in 2002, and that defendant-landlord would have had to have spent an estimated $90,000 in qualifying Individual Apartment Improvements (IAI), during the vacancy period to have lawfully deregulated the subject unit. (NYSCEF Doc. No. 1,

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