Clermont York Associates LLC v. Zgondy, 42 Misc.3d 143(A)(App.Term 1st Dep’t 2014).
In a case protecting the rights of tenants whose landlords illegally charged them market-rate rents while in receipt of “J-51” tax abatements, David convinced Housing Court Judge Jack Stoller to vacate a stipulation where a tenant agreed to pay the unlawful higher rent. In Clermont York Associates LLC v. Zgodny, David’s client initially appeared in court without an attorney and signed an agreement to pay the full market rent sought by the landlord. He subsequently retained David who used a recent appellate court decision to argue that the rent was improper and the tenant, who signed the agreement without benefit of an attorney, should not be evicted based upon an illegal rent. The victory means that David’s client will likely see his rent substantially reduced and will serve as a precedent for other tenants to reduce their rents as well.
Mengoni v. DHCR, 97 NY2d 630, 735 NYS2d 867 (2001).*
David successfully defended his client’s $200,000 rent overcharge award in the Court of Appeals.
Ramiah v. Neri, NYLJ, July 19, 1995, p. 27, col. 5 (Civ.Ct. NY Co.).
After trial, David’s clients won $85,000 on their rent overcharge claim and had their legal fees paid by the landlord.
Olavson v. DHCR, NYLJ, June 2, 1993, p. 27, col. 5 (Sup.Ct. NY Co.).
David overturned NYS Division of Housing and Community Renewal decision denying his client’s rent overcharge complaint by proving that landlord committed fraud. David eventually negotiated a $385,000 settlement of the overcharge claim.
*David represented tenant as counsel to Himmelstein McConnell Gribben Donoghue & Joseph.