320 Manhattan Ave. LP v. Nebbou

In this nonpayment proceeding, both landlord and tenant moved for summary judgment to determine the legality of the rent and the apartment's regulatory status. Tenant claimed an overcharge from the tenancy's inception, arguing the apartment should have been rent stabilized earlier. Landlord contended it was rent controlled until tenant's occupancy, making the initial rent lawful. The court denied both motions, citing unresolved material issues of fact regarding the apartment's status before the tenant's lease. The court also found the tenant did not provide sufficient evidence of a fraudulent scheme to evade rent stabilization laws, which would be required to review rental history beyond the statutory lookback period under pre-HSTPA law. The case was set for trial.