Catholic Migration Services and Pro Bono Counsel Represent Queens Tenants in an Effort to Pursue Overcharge Claims on Their Rent Stabilized Apartment
Catholic Migration Services filed two cases in Queens County Supreme Court on behalf of tenants who allege that their landlord charged them more than the legally permissible rent for many years. Along with pro bono counsel from Simpson, Thacher and Bartlett LLP, we recently obtained a favorable ruling from an appellate court that will permit our clients’ claims to proceed.
In 2015, Beatriz came to Catholic Migration Services seeking one-on-one consultation because she believed that her rent was too high. After learning about her housing concerns, the Catholic Migration Services Tenant Advocacy Program agreed to represent her and her son with the expertise of Senior Staff Attorney, Mariam Magar.
In the course of researching the records for the apartment maintained by the Division of Housing and Community Renewal (DHCR), Mariam discovered that a rent reduction order was issued by DHCR in 1987 (and effective May 1986) had remained in effect through September 2015. This meant that Beatriz and Angel should have been paying only $348.04 per month, an overcharge of almost $1,300 per month, until then.
In February 2016 Mariam filed overcharge cases for both Beatriz and Angel in Queens County Supreme Court, asserting that they were overcharged because (1) the rent in their 2006 vacancy lease, which was more than double the rent paid by the prior tenant, was excessive, and (2) the 1987 DHCR rent reduction order limited their rent to $348.04 per month through September 2015. After filing the cases, Mariam learned about a second rent reduction order that was still in effect.
Initially, the judges in each of the two cases dismissed them, finding that the tenants had filed them too late, but with the help of pro bono counsel from the law firm of Simpson, Thacher and Bartlett LLP, we appealed to the Appellate Division, Second Department, and in June 2020, the Court issued orders reversing the two Supreme Court decisions, holding that the tenants had not filed their cases too late.
As of July 2020, the two cases are now headed back to the Supreme Court, where the tenants may once again pursue their overcharge claims with continued representation from Catholic Migration Services and Simpson Thacher & Bartlett LLP. If the Supreme Court rules in favor of Beatriz and her son Angel, this will enable mother and son to remain in their long-time home for years to come.