Malina v 158 Mgt. LLC

Holding The court affirmed the summary judgment declaring the apartment rent stabilized because the defendants failed to properly deregulate the unit and could not establish a triable issue of fact regarding individual apartment improvements. The legal regulated rent was set at the last reliable registered stabilized rent due to the defendants’ failure to file proper and timely registrations.

The court’s words

Defendants failed to explain the conflict between the apartment 51 leases entered into the record and the New York State Division of Housing and Community Renewal (DHCR) rent registrations for the unit.

2026 NY Slip Op 05856, at the official text

Defendants failed to raise a triable issue of fact as to whether apartment 51 was subject to high rent vacancy deregulation due to individual apartment improvements (IAIs), as they did not submit invoices, contracts, or checks specific to apartment 51, or provide testimony that could tie any renovation records to apartment 51

2026 NY Slip Op 05856, at the official text

Supreme Court properly set the legal regulated rent at $1,092.41, the last reliable registered stabilized rent as of the base date (see Rent Stabilization Code [9 NYCRR] §§ 2520.6[f][2], 2526.7).

2026 NY Slip Op 05856, at the official text