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Ollie Assocs. v. Devis

Rent Reduction Order Not Lifted by DHCR Keeps Premises Rent Stabilized, Dismisses Suit

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Recitation, as required by CPLR Rule 2219(a), of the papers considered in the review of the Respondent’s Motion for Summary Judgment:Papers NumberedNotice of Motion, Affirmation, Affidavit & Exhibits A-H      1Affirmation, Affidavit & Exhibits A-L in Opposition            2Affirmation & Exhibits A-B in Reply     3DECISION & ORDERBACKGROUND & PROCEDURAL HISTORY

*1 In this nonpayment proceeding, the issue is whether a Rent Reduction Order issued by the New York State Division of Housing and Community Renewal (“DHCR”) in 1993 prohibits deregulation of a Rent Stabilized apartment. In its petition dated June 7, 2016, petitioner alleged that respondent owed $4140, comprised of “base rent” at the monthly rate of $1450 for May and June 2016, plus a balance of $900 for April 2016, and “miscellaneous charges” of $338 (late charges at $72 per month and $25 charges for a smoke alarm and “CM Detector”), and that the money due had been personally demanded from respondent prior to the commencement of the proceeding. Respondent pro se used the court’s form to file an answer on February 5, 2016 raising a “General Denial” and a defense of payment/partial payment. Petitioner by counsel and respondent pro se settled the case on July 14, 2016 in an agreement which awarded petitioner a final judgment of possession and for $5250, with issuance of a warrant of eviction forthwith, execution stayed through August 25, 2016 for respondent to pay the judgment. The agreement also included access dates for repairs.Respondent retained counsel, who moved to vacate the July 14, 2016 stipulation and judgment, amend the answer to assert a defense of rent overcharge and conduct discovery. Petitioner cross-moved for leave to amend the petition to reflect that the subject apartment is not Rent Stabilized as stated in paragraph 7 of the petition but rather is unregulated1. In an Order and Decision dated

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