Rent Overcharge

Rent Stabilized

Appellate Division, Second Department

Kings County (Brooklyn)

2024-13192

2026 NY Slip Op 04748

Nichole Fabo et al.

89 Hicks St., LLC

Iannacci, Angela G., J.P.; Ford, William G.; Ventura, Lourdes M.; Quirk, Susan

2026-07-29

Post-Answer Motion by Tenant

Reversed for Tenant

Tenant Substantially Won

Tenants in a rent overcharge class action moved to amend their complaint to add a claim that legal regulated rents and resulting overcharges should be calculated using the default formula under RSC § 2522.6(b)(3). The Appellate Division reversed Supreme Court's denial of the amendment, finding the proposed claim not palpably insufficient, and citing a DHCR determination in a similar case as support. The court also clarified that appellate courts are not bound by the law of the case doctrine as applied at the trial court level.

Rent Overcharge Class Action; Default Formula for Rent Overcharge Calculations Under RSC § 2522.6(b)(3); Tenants' Motion to Amend Complaint Under CPLR 3025(b) Granted; Appellate Courts not Bound by Law of the Case Doctrine

"Fabo v. 89 Hicks St., LLC" (2026). All Decisions. 2344.
https://ir.lawnet.fordham.edu/housing_court_all/2344