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Stoddard v. 21 Allen St. Corp.

Pre-HSTPA Law Applied, Tenant's Rent Overcharge Claims Time-Barred by Limitations Period

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 were read on this motion to/for DISMISSAL. DECISION ORDER ON MOTION   In this action plaintiff is seeking to recover damages for alleged rent overcharges since September 2013. In motion sequence number 001, defendant 21 Allen Street Corp., seeks an order pursuant to CPLR 3211(a)(5) and (7) dismissing plaintiff’s complaint. Plaintiff opposes the motion. BACKGROUND/CONTENTIONS Plaintiff Grant Stoddard (“tenant”) alleges four causes of action against defendant 21 Allen Street Corp., (“landlord”). In the first cause of action, tenant seeks money damages for alleged rent overcharges above the lawful rent in the amount of $67,526.04, from September 1, 2013 through February, 2019. Tenant also seeks treble damages due to landlord’s alleged willful overcharge. (NYSCEF Doc. No. 8, 32). In the second cause of action, tenant seeks a declaratory judgment, setting the lawful rent for the subject unit at $639.06 per month. (NYSCEF Doc. No. 8, 36). Tenant alleges fraud in the third cause of action, claiming that the landlord engaged in a “massive overcharge scheme”, by fraudulently failing to register the subject unit with DHCR for over a decade, failing to offer tenant a proper rent stabilized lease and renewals thereof, and by allegedly failing to offer tenant a form explaining why the subject unit would be destabilized in violation of the relevant law. (NYSCEF Doc. No. 8,

38-41). In the fourth cause of action, tenant seeks an award of reasonable legal fees. (Id. at

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