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FILED: BRONX COUNTY CLERK 11/22/2022 09:51 PM INDEX NO. 30724/2020E
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 11/22/2022
EXHIBIT A
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
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ESMELIN PENA and LEONELA PENA, Index No.
Plaintiffs,
--against-- SUMMONS
VAN COURTLANDT ASSETS LLC, The basis of venue is plaintiffs'
place of residence
Defendant.
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TO: VAN COURTLANDT ASSETS LLC
179 Cedar Avenue, Suite H
Teaneck, New Jersey 07666
SIRS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer on Plaintiffs attorney within twenty (20) days after the service of this
summons, exclusive of the day of service (or within thirty (30) days after the service is complete if
this summons is not personally delivered to you widlin the State of New York); and in case of your
failure to answer, judgment will be taken against you by default for the relief demanded in the
complaint.
DATED: September 17, 2020
Jamaica, New York
. S J.HILLGARDNER, ESQ.
Alto ne for Plail1tiff
82-63 170,h Street
Jamaica, New York 11432
(718) 657-0606
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF THE BRONX
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ESMELIN PENA and LEONELA PENA, Index No.
Plaintiffs,
--against-- VERIFIED COMPLAINT
VAN COURTLANDT ASSETS LLC,
Defendant.
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Plaintiffs ESMELIN PENA and LEONELA PENA, by their attorney Thomas J.
Hillgardner, Esq., as and for a complaint in this action, do hereby allege as follows:
AS AND FOR A FIRST CAUSE OF ACTION
1. Plaintiff ESMELIN PENA is a natural person residing in the County of The
Bronx, State of New York.
2. Plaintiff LEONELA PENA is a natural person residing in the County of The
Bronx, State of New York.
3. Defendant VAN COURTLANDT ASSETS LLC is a domestic limited liability
company organized pursuant to the Limited Liability Company Law of the State of New York
with a principal place of business located in the County of New York, State of New York.
4. Defendant VAN COURTLANDT ASSETS LLC came into existence as a
domestic limited liability company on June 18, 1999 when articles of organization were filed in
the office of the Secretary of State, Division of Corporations, in Albany, New York.
5. On December 22, 2003, defendant VAN COURTLANDT ASSETS LLC took
title to a parcel of real property located in the County of The Bronx, State of New York, known
in the books and records of the City Register as County of The Bronx, Block 3335, Lot 110, and
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more commonly known by its postal address as 151-165 East Moshulu Parkway North, Bronx,
New York 10467.
6. The aforesaid parcel of real property is improved by a six story apartment
building ("the Building").
7. The Building was erected prior to World War II and contains 89 class "A"
apartments.
8. The Building is a multiple dwelling.
9. The 89 apartments in the Building are located in parts of the Building known by
their various physical addresses as 151 East Moshulu Parkway North, 155 East Moshulu
Parkway North, and 165 East Moshulu Parkway North.
10. At the time defendant VAN COURTLANDT ASSETS LLC took title to the
Building, the tenant of record of Apartment 3F at 155 East Moshulu Parkway North (hereinafter,
"the Subject Premises") was Gloria Leiner.
11. Upon information and belief, Gloria Leiner permanently vacated the Subject
Premises sometime in early 2018 and possession thereof was returned to defendant VAN
COURTLANDT ASSETS LLC.
12. On or about May 22, 2018, plaintiffs ESMELIN PENA and LEONELA PENA
(hereinafter, "Tenants") entered into a written lease agreement dated May 17, 2018 (hereinafter,
"the Lease") with defendant VAN COURTLANDT ASSETS LLC (hereinafter, "Landlord")
wherein Landlord leased the Subject Premises to Tenants for a term of one year commencing
July 1, 2018 and ending June 30, 2019 at a monthly rent of Two Thousand One Hundred Dollars
($2,100.00).
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13. On May 22, 2018, Landlord commenced charging and collecting from Tenants
and Tenants commenced paying to Landlord a sum of money as and for the monthly rent for the
Subject Premises that is in excess of the maximum rent that Landlord lawfully may charge and
collect from Tenants in accordance with the Rent Stabilization Law.
14. After its execution by Tenants and Landlord's representative on or about May 22,
2018, Landlord provided Tenants inter alia with a copy of the Lease (including a Rider 1 and
Rider 2) and with a New York City Lease Rider for Rent Stabilized Tenants.
15. A true and complete copy of the Lease, Rider 1, Rider 2, and the New York City
Lease Rider for Rent Stabilized Tenants are collectively annexed hereto and made a part hereof
as Exhibit 1.
16. Upon information and belief, the Two Thousand One Hundred Dollar ($2,100.00)
monthly rent contained in the Lease constitutes an unlawful rent in that in the New York City
Lease Rider for Rent Stabilized Tenants Landlord claimed a rent increase based upon an
individual apartment improvement to the Subject Premises that never was performed;
17. Upon information and belief, Landlord's claim of a rent increase based upon an
individual apartment improvement to the Subject Premises that never was performed is the
product of a fraudulent scheme to raise the rent so as to accelerate the deregulation of the Subject
Premises.
18. The charging and collecting from plaintiff ESMELIN PENA by Landlord of sums
of money in excess of the lawful amount that Landlord was and is entitled to charge and collect
from plaintiff ESMELIN PENA pursuant to the Rent Stabilization Law was and is willful.
///
///
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AS AND FOR A SECOND CAUSE OF ACTION
19. Tenants repeat and reallege all matter contained in paragraphs 1-18 of this
complaint with the same force and effect as if more fully set forth below.
20. In or about the Spring of 2019, on a form prescribed or a facsimile of such form
approved by the DHCR, Landlord tendered to Tenants an offer of lease renewal.
21. On or about July 10, 2019, plaintiff ESMELIN PENA executed and returned to
Landlord, Landlord's renewal lease offer wherein plaintiff ESMELIN PENA opted for a two-
year renewal commencing July 1, 2019 and ending June 30, 2021 at a monthly rent of Two
Thousand One Hundred Fifty-Two Dollars and fifty cents ($2,152.50).
22. On July 1, 2019, Landlord commenced charging and collecting from plaintiff
ESMELIN PENA and plaintiff ESMELIN PENA commenced paying to Landlord the rent
reserved in the renewal lease, said monthly rent being a sum of money that is in excess of the
maximum rent that Landlord lawfully may charge and collect from plaintiff ESMELIN PENA in
accordance with the Rent Stabilization Law.
23. In addition to the rent being affected by the fraudulently claimed individual
apartment improvement that never was performed, other unexplained and unlawful rent increases
were taken by Landlord and/or Landlord's predecessor-in-interest.
24. Landlord's charging and collection of such unlawful amounts as and for the
monthly rent for the Subject Premises was and continues to be willful.
AS AND FOR A THIRD CAUSE OF ACTION
25. Tenants repeat and reallege all matter contained in paragraphs 1-24 of this
complaint with the same force and effect as if more fully set forth below.
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26. On May 22, 2018, Tenants paid to Landlord Two Thousand One Hundred Dollars
($2,100.00) as and for a security deposit for the rental of real property.
27. To the extent that the legal regulated rent for the Subject Premises is less than
Two Thousand One Hundred Dollars ($2,100.00) that Landlord charged and collected from
Tenants as and for an initial monthly rent, Tenants paid Landlord an amount of money as and for
a security deposit that is in excess of the amount of money that Landlord is lawfully entitled to
demand and collect from Tenants as and for a security deposit.
PRAYER FOR RELIEF-
WHEREFORE plaintiffs pray for judgment as follows:
(a) a money judgment in an amount to be determined upon the trial of this action said sum
being in an amount of approximately $35,000 exclusive of pre-judgment interest and costs;
(b) treble damages on the amount of any rent overcharge found by the Court upon the trial of
this action;
(c) pre-judgment interest on all sums upon which treble damages are not imposed;
(d) the costs and disbursements of this proceeding;
(e) a reasonable attorney's fee; and
(f) any such other and further relief that to this Court seems just and proper.
DATED: Jamaica, New York
September 11 , 2020
S J. HILLGARDNER, ESQ.
Attorney for Plaintiffs
82-63 170th Street
Jamaica, New York 11432
(718) 657-0606
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VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF THE BRONX )
I,ESMELIN PENA, being duly sworn, deposes and says:
That I am one of the plaintiffs herein and I am united in interest with the other plaintiff,
my sister,Leonela Pena; I have read the foregoing Complaint and know the contents thereof; that
the same is true to my knowledge except as to matters therein alleged upon information and
belief, and as to those matters I believe them to be true.
ESldELIN PENA
SUBSCRIBED AND SWORN to before me on this day of September 2020.
Notary Public / State of New York
s m :4vid IM4R K. RUDANI
Notan/ Pubho State ofNew York
Bromi CnonN. # 01RU6032273
-'
r;m·r÷sioñ Ex li
My
Ocec& 21, 20
6
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EXHIBIT 1
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IN LANGUAGE STANDARD APARTMENT LEASE y .
TH Between VAN COURTLANDTASSETS LLC as landlord whose address is:
LEASE rnade May 17. 2018
PO BOX 331
TEANECK, NJ 07666
and ESMELIN PENA / LEONELA PENA as Tenant. The Landlord hereby teases to the Tenant, Apartment No. 3F in the
located at:
building
155 EAST MOSHOLU PARKWAYN
BRONX, N.Y. 10467
private dwelling apartment by the Tenant for a term of 1 year beginning
to be used and occupied only as a strictly
07/01/2018 and ending 06/30/2019, at a monthly rental of 'S2100.00'
to be paid at the office of the Landlord each month in
advance on the first day of each month, without further prior notice or demand.
(For the purpose of this lease the word
Landlord shall mean: Landlord, Court Appointed Receiver, Mortgagee in
Possession, or owner of a lease to the property.)
only and in the event of a confilct between a caption and the text, the text shall
CAPTIONS: Captions are for convenience
control.
of #
1st OCCUPANCY: a) The apartment shall be occupied by the Tenant and the Tenant's immediate family, consisting
persons shall be occupying the apartment as their primary residence
persons. It is hereby represented that the following
with the Tenant:
NAYRAPENA (SISTER- 26 YRS OLD)
b) Tenant promises to inform the Landlord if any family member moves into the apartment with Tenant, when he
of his occupancy.
moves in and the circumstances
c) Tenant understands that Landlord
is relying on Tenant's representation to enter into the lease.
Laws, and the rent agreed may be Increased or
2nd RENT ADJUSTMENT:The apartment Is subject to Rent Stabilization
decreased during the term of this lease as determined by the Rent GuideNnes Board, NYS Division of Housing and
Community Renewal (DHCR), or any other regulatory agency. The adjustment shall begin as provided for In the
of any of these agencies.
determination
limiting any other right the Landlord may have pursuant to law or
The Landlord and tenant agree to the following
without
under this lease:
a) In the event the applicable rent guideline has not been fixed by the Rent Guidelines board by the date this Lease is
executed, the rent provided herein shall be adjusted to conform to the guidelines when promulgated.
Unless the Rent
Guidelines Board has Fixed a date later than the date of the commencement of this Lease for the guideline to become
effective, the adjustment shall be effective as of the commencement date of this Lease.
b) In the event the Landlord
Is granted a rent increase by the DHCR, any other agency or court having jurisdiction
thereof in accordance with an application
for a rent increase based on a major capitaf improvement,
hardship or other
grounds permitted by code or applicable law:
1. Tenant agrees to be bound by such determination,
2. During the term of this Lease and any renewal thereof, Tenant agrees to pay any increase set forth in any Notice of
or Order issued pursuant to such application
Eligibility or determination in the manner and within the time limitation
provided for therein;
and
3. In the event the increase is pursuant to a hardship application, within thirty (30) days of receipt of a copy of the
DHCR order, Tenant may cancel this lease on sixty (60) days' written notice to the Landlord. However, the Tenant agrees to
pay the increase in rent as provided in the Order until the effective date of his cancellation
of the Lease and date the
apartment Is vacated by the Tenant.
3rd SECURITY: The tenant has deposited with the Landlord the sum of
$210D.00 as security for the performance of
the terms of this lease. The Landlord may use or apply all or any pad of the deposit as may be required for the payment of
any rent, damages to the apartment or a loss In re-renting during the term of this lease. Any balance of the security deposit
after allowable deductions
shall be returned to the Tenant after the Tenant has moved from the apartment at the end of the
lease. In the event of a sale or transfer of the property the Landlord shall have the right to transfer this security deposit to
the new owner and will
upon notification
to the Tenant be released from all liablilty regarding this security deposit. The
security shall be deposited with J.P Morgan CHASE .
initial here initial here
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4th TENANT HAS INSPECTEDAPARTMENT:The Tenant has examined the apartment. No representation has been made by
the Landlord which Is not in this lease. The apartment has been adequately painted and no repairs are needed, other than
those specifically
stated in this lease.
of the apartment on the neginning
5th TAKING POSSESSION:The Landlord shall not be liable for failure to give possession
or for any
date of this lease if the premises are not ready for occupancy, or If the prior tenant has not vacated the apartment
other reason. in such event, the rent shall not begin until possession is given or Is available, but the ending date of this
(ease shall not be extended.
and signed by both
of this lease may be changed except in writing
6th MODIFICATION:None of the terms or conditions
Landlord and Tenant
7th NOTICES: All notices to Landlord shall be sent to the Landlord at the address indicated, by certified mail, Return Receipt
Requested or at such other address as designated by Landlord. All notices to tenant shall be sent to the Tenant at the
apartment which is the subject of this lease, by regular mall except that any notice allaging failure to comply with any
terme of this lease or any notice of termination of the lease and/or tenancy shall be sent by certified mall. Notices shall be
effective when malled.
sth SUBLETTING AND ASSIGNMENT' The Tenant shall not sublet the apartment, in whole or in part, nor assign this lease
withoutthe written consent of the Landlord, nor permit anyone not specifically
Indicated in this lease to occupy the
apartrnent. The Landlord may withhold
consent to assignment without cause.
9th FAILURE TO PAYRENTTIMELY: Rent Is duc by the first of each month. For purposes of this paragraph, payment after the
10TH of each month shall be considered a 'Late Payment'.
Late Payments more than three (3) times in any twelve month
of this lease and be grounds for the
period shall be deemed to be a failure to comply with a substantial obligation
of this lease and eviction
termination of the Tenant by tha Landlord.
10th LATE CHARGE: It is agreed that due to administrative inconvenience and costs incurred due to late payment of rent that
Tenants agree to pay the sum of 5% of the rent
per month in any month in which the rent is tendered after the 10TH day of
that month. It is further agreed, that although, Landlord is accepting 5% of the rent as a late charge that the Landlord is not
stopped from commencing
any action or proceeding with regard to Tenant's failure to pay rent timely.
This paragraph is not a waiver of the Landlord's right to collect or demand rent when It is due.
11th DISHONOREDCHECK FEE: If you pay your rent by check and your check Is dishonored
or not paid by the bank on which
to pay the Landlord a 'Dishonored Check Fee' of $30.00. This
the check was drawn for any reason, you will be responsible
fee is additional
rent and may be the subject of a non-payment summary iraceseg.
12th FIRE, DESTRUCTION:The Tenant shall give Immediate notice to the Landlord in case of fire. The Landlord shall repair
the premises as soon as is reasonably possible subject to any delays due to adjustment of insurance claims or an3tcause not
under the Landlord's
control. There shall be no abatement for rent. If the premises are damaged where the Landlord feels
that the apartment is beyond repair within a reasonable period of time, the term of this lease shall end and the Tenant must
vacate the apartment. if the fire or casualty was caused by the Tenant's actions, the costs of repairs shall be repaid to the
Landlord by the Tenant as additional
rent
13th CARE OF PREMISES: Tenant shall comply with all rules and regulations of all City Agencies and all C6tyOrdinances
relating to this property. The Tenant shall make all repairs required to the apartment, including
ranges and refrigerators,
whenever damage is a result of the misuse or negligence of the Tenant or any occupant or visitor. The Tenant shall
reimburse the Landlord as additional
rent, the cost of repairing any damage or for the removal of any violations
caused by
the Tenant or any occupant
or visitor. This paragraph shall also include the public areas of the building.
14th FACILITIES: Storeroom and faundry facilities
in the building and Cable TV & Master Antenna may be provided by the
Landlord at the option of the Landlord. Landlord may discontinue
the facilities at anytime and shall not be liable for any
damage, injury or loss from the use of these areas.
15th ADVERTISEMENT:The Tenant shall not place any sign or projection
in or out of the windows or on the building.
Its Agents, employees and mechanics shall be permitted to enter the apartment at all
16th ACCESS: The Landlord,
of making repairs, showing the apartment to prospective
reasonable hours for the purposes tenants, mortgagees. or buyers
of the apartment In the event of an emergency which affects the safety of the tenants In the building or
or for the inspection
which may cause damage to the building
the Landlord may enter the premises without
prior notice to the Tenant.
17th DEFAULT:If the Tenant Is dispossessed
by legal action the Landlord may enter and take possession of the premises
withoutbeing liable to prosecution
for this action, and may re-rent the apartment
The Tenant will be liable to the Landlord
for any end all expenses related to the entering, repairing, redecorating and re-renting. In the event the Tenant does not
of this lease or fails to comply with rules or regulations in this lease or creates a nulsance or
comply with any obligations
detrimental
engages in conduct to the safety of other tenants or intentionally
damages the property, or disturbing
to other
tenants, then the Landlord may terminate the tenancy and lease on seven days written
notice to the Tenant.
the foregoing,
Notwithstanding shall
the Landlord notberequired to give any preliminary notice to the Tenant prior to
a non-payment summary proceeding except such notice or notices as may be required by law. Any DEMAND for
Initiating
rent maybe or
made orally in of
at the option
writing theLandlord.
(2)
initial
here v P Initial here
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18th PAYMENTOF LANDLORD'S EXPENSES: Any oxpense incurred by landlord in connection with any performance by It for
the account of Tenant and all costs and expenses, Including reasonable attorneys' fees (whether or not legal proceedings
are instituted),
Involved in collecting the obligations
rents or enforcing the cost and
of Tenant under this lease, including
expense of instituting legal proceedings or recovering possession of the premises after default by Tenant or
and prosecuting
of this lease, shall be due and payable by Tenant, on demand, as Additional Rent. In
upon expiration or sooner termination
brought by the Landlord and there is no resolution of the matter
the event the Tenant does not defend any legal proceeding
may be recovered
by a Court, then in such event the legal fees incurred by the Landlord will become Additional
Rent and
in any subsequent
legal proceeding the Landlord and Tenant
involving
19th SUBORDINATION:Any mortgage which is now In effect or which may be made after this lease or any tease on the land
or building or replacements of any tease or
of which this apartment is part, of any extensions, modifications,
consolidations
mortgages provided for In this provision shall have priority over this lease. The Tenant agrees to sign any acknowledgment
of this clause and hereby appoints the Landlord the Attorney-In-Fact for the Tenant to execute and deliver such
acknowledgmenton behalf of the Tenant This lease shall be 'subordinate' to any lease or financing as provided for In this
paragraph
20th SERVICES: The Landlord will provide the following
services provided tthat the Tenant is not in default under the terms
of
this lease:
a) Hot and cold water and heat as required by law.
b) Elevator service if the building
is equipped with an elevator.
The Landloro shall have the right to change operator elevators to self-service elevators and may dispense with the services
of doorman, elevator operators of the Landlord or hold
and attendants which shall in no Way affect or Impair the obligations
the Landlord
liable for prosecution
for any damage, and the Tenant shall not receive any abatement in rent If any change is
made.
c) The Landlord shall not be liable for the failure to supply any services by reasons of strikes, tockouts, accidents,
delays in securing supplies or labor, or by reason of other causes beyond the control of the Landlord, and the Tenant shall
not receive any allowance or abatement in rent
21st NO TRIAL BY JURY It is agreed by the Landlord and the Tenant that the right to trial by jury is hereby waived in any
by any party to the lease against the other or any matter whatsoever, arising out of or in any way
action proceeding brought
connected with this leasa and/or any cIalm of Injury or damage, unless such waiver is contrary to law. THE RIGHTTO A
TRIAL BY JURY IS AN IMPORTANTRIGHT OF THE TENANTAND THE TENANT IS AGREEING NOT TO DEMANDA TRIAL BY
JURY.
22nd NO RIGHT OF RE-ENTRY The Tenant waives: (1) the right to go back into the apartment by any existing law or under
any future law after a final order or judgment in any action has been signed or alter the Tenant shall have been removed
from the leased apartment: (2) the right to bring proceedings of a counterclaim
on any action brought by the Landlord under
this lease but shall be required to bring an independent action on any counterefaim or offset; and (3) the right to put in a
defense of giving up the apartment or constructive
in any action started for the recovery of rent or for a default in
eviction
this lease.
23rd CONSTRUCTIVEEVICTION: No act of constructive
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NO. 1 29 RECEIVED NYSCEF: 09/23/2020 11/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX ---------------------------------------------------------------------x ESMELIN PENA and LEONELA PENA, Index No. Plaintiffs, --against-- SUMMONS VAN COURTLANDT ASSETS LLC, The basis of venue is plaintiffs' place of residence Defendant. ---------------------------------------------------------------------x TO: VAN COURTLANDT ASSETS LLC 179 Cedar Avenue, Suite H Teaneck, New Jersey 07666 SIRS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on Plaintiffs attorney within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you widlin the State of New York); and in case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. DATED: September 17, 2020 Jamaica, New York . S J.HILLGARDNER, ESQ. Alto ne for Plail1tiff 82-63 170,h Street Jamaica, New York 11432 (718) 657-0606 1 of 34 FILED: BRONX COUNTY CLERK 09/23/2020 11/22/2022 10:31 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 1 29 RECEIVED NYSCEF: 09/23/2020 11/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX ---------------------------------------------------------------------x ESMELIN PENA and LEONELA PENA, Index No. Plaintiffs, --against-- VERIFIED COMPLAINT VAN COURTLANDT ASSETS LLC, Defendant. ---------------------------------------------------------------------x Plaintiffs ESMELIN PENA and LEONELA PENA, by their attorney Thomas J. Hillgardner, Esq., as and for a complaint in this action, do hereby allege as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. Plaintiff ESMELIN PENA is a natural person residing in the County of The Bronx, State of New York. 2. Plaintiff LEONELA PENA is a natural person residing in the County of The Bronx, State of New York. 3. Defendant VAN COURTLANDT ASSETS LLC is a domestic limited liability company organized pursuant to the Limited Liability Company Law of the State of New York with a principal place of business located in the County of New York, State of New York. 4. Defendant VAN COURTLANDT ASSETS LLC came into existence as a domestic limited liability company on June 18, 1999 when articles of organization were filed in the office of the Secretary of State, Division of Corporations, in Albany, New York. 5. On December 22, 2003, defendant VAN COURTLANDT ASSETS LLC took title to a parcel of real property located in the County of The Bronx, State of New York, known in the books and records of the City Register as County of The Bronx, Block 3335, Lot 110, and 2 of 34 FILED: BRONX COUNTY CLERK 09/23/2020 11/22/2022 10:31 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 1 29 RECEIVED NYSCEF: 09/23/2020 11/22/2022 more commonly known by its postal address as 151-165 East Moshulu Parkway North, Bronx, New York 10467. 6. The aforesaid parcel of real property is improved by a six story apartment building ("the Building"). 7. The Building was erected prior to World War II and contains 89 class "A" apartments. 8. The Building is a multiple dwelling. 9. The 89 apartments in the Building are located in parts of the Building known by their various physical addresses as 151 East Moshulu Parkway North, 155 East Moshulu Parkway North, and 165 East Moshulu Parkway North. 10. At the time defendant VAN COURTLANDT ASSETS LLC took title to the Building, the tenant of record of Apartment 3F at 155 East Moshulu Parkway North (hereinafter, "the Subject Premises") was Gloria Leiner. 11. Upon information and belief, Gloria Leiner permanently vacated the Subject Premises sometime in early 2018 and possession thereof was returned to defendant VAN COURTLANDT ASSETS LLC. 12. On or about May 22, 2018, plaintiffs ESMELIN PENA and LEONELA PENA (hereinafter, "Tenants") entered into a written lease agreement dated May 17, 2018 (hereinafter, "the Lease") with defendant VAN COURTLANDT ASSETS LLC (hereinafter, "Landlord") wherein Landlord leased the Subject Premises to Tenants for a term of one year commencing July 1, 2018 and ending June 30, 2019 at a monthly rent of Two Thousand One Hundred Dollars ($2,100.00). 2 3 of 34 FILED: BRONX COUNTY CLERK 09/23/2020 11/22/2022 10:31 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 1 29 RECEIVED NYSCEF: 09/23/2020 11/22/2022 13. On May 22, 2018, Landlord commenced charging and collecting from Tenants and Tenants commenced paying to Landlord a sum of money as and for the monthly rent for the Subject Premises that is in excess of the maximum rent that Landlord lawfully may charge and collect from Tenants in accordance with the Rent Stabilization Law. 14. After its execution by Tenants and Landlord's representative on or about May 22, 2018, Landlord provided Tenants inter alia with a copy of the Lease (including a Rider 1 and Rider 2) and with a New York City Lease Rider for Rent Stabilized Tenants. 15. A true and complete copy of the Lease, Rider 1, Rider 2, and the New York City Lease Rider for Rent Stabilized Tenants are collectively annexed hereto and made a part hereof as Exhibit 1. 16. Upon information and belief, the Two Thousand One Hundred Dollar ($2,100.00) monthly rent contained in the Lease constitutes an unlawful rent in that in the New York City Lease Rider for Rent Stabilized Tenants Landlord claimed a rent increase based upon an individual apartment improvement to the Subject Premises that never was performed; 17. Upon information and belief, Landlord's claim of a rent increase based upon an individual apartment improvement to the Subject Premises that never was performed is the product of a fraudulent scheme to raise the rent so as to accelerate the deregulation of the Subject Premises. 18. The charging and collecting from plaintiff ESMELIN PENA by Landlord of sums of money in excess of the lawful amount that Landlord was and is entitled to charge and collect from plaintiff ESMELIN PENA pursuant to the Rent Stabilization Law was and is willful. /// /// 3 4 of 34 FILED: BRONX COUNTY CLERK 09/23/2020 11/22/2022 10:31 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 1 29 RECEIVED NYSCEF: 09/23/2020 11/22/2022 AS AND FOR A SECOND CAUSE OF ACTION 19. Tenants repeat and reallege all matter contained in paragraphs 1-18 of this complaint with the same force and effect as if more fully set forth below. 20. In or about the Spring of 2019, on a form prescribed or a facsimile of such form approved by the DHCR, Landlord tendered to Tenants an offer of lease renewal. 21. On or about July 10, 2019, plaintiff ESMELIN PENA executed and returned to Landlord, Landlord's renewal lease offer wherein plaintiff ESMELIN PENA opted for a two- year renewal commencing July 1, 2019 and ending June 30, 2021 at a monthly rent of Two Thousand One Hundred Fifty-Two Dollars and fifty cents ($2,152.50). 22. On July 1, 2019, Landlord commenced charging and collecting from plaintiff ESMELIN PENA and plaintiff ESMELIN PENA commenced paying to Landlord the rent reserved in the renewal lease, said monthly rent being a sum of money that is in excess of the maximum rent that Landlord lawfully may charge and collect from plaintiff ESMELIN PENA in accordance with the Rent Stabilization Law. 23. In addition to the rent being affected by the fraudulently claimed individual apartment improvement that never was performed, other unexplained and unlawful rent increases were taken by Landlord and/or Landlord's predecessor-in-interest. 24. Landlord's charging and collection of such unlawful amounts as and for the monthly rent for the Subject Premises was and continues to be willful. AS AND FOR A THIRD CAUSE OF ACTION 25. Tenants repeat and reallege all matter contained in paragraphs 1-24 of this complaint with the same force and effect as if more fully set forth below. 4 5 of 34 FILED: BRONX COUNTY CLERK 09/23/2020 11/22/2022 10:31 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 1 29 RECEIVED NYSCEF: 09/23/2020 11/22/2022 26. On May 22, 2018, Tenants paid to Landlord Two Thousand One Hundred Dollars ($2,100.00) as and for a security deposit for the rental of real property. 27. To the extent that the legal regulated rent for the Subject Premises is less than Two Thousand One Hundred Dollars ($2,100.00) that Landlord charged and collected from Tenants as and for an initial monthly rent, Tenants paid Landlord an amount of money as and for a security deposit that is in excess of the amount of money that Landlord is lawfully entitled to demand and collect from Tenants as and for a security deposit. PRAYER FOR RELIEF- WHEREFORE plaintiffs pray for judgment as follows: (a) a money judgment in an amount to be determined upon the trial of this action said sum being in an amount of approximately $35,000 exclusive of pre-judgment interest and costs; (b) treble damages on the amount of any rent overcharge found by the Court upon the trial of this action; (c) pre-judgment interest on all sums upon which treble damages are not imposed; (d) the costs and disbursements of this proceeding; (e) a reasonable attorney's fee; and (f) any such other and further relief that to this Court seems just and proper. DATED: Jamaica, New York September 11 , 2020 S J. HILLGARDNER, ESQ. Attorney for Plaintiffs 82-63 170th Street Jamaica, New York 11432 (718) 657-0606 5 6 of 34 FILED: BRONX COUNTY CLERK 09/23/2020 11/22/2022 10:31 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 1 29 RECEIVED NYSCEF: 09/23/2020 11/22/2022 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF THE BRONX ) I,ESMELIN PENA, being duly sworn, deposes and says: That I am one of the plaintiffs herein and I am united in interest with the other plaintiff, my sister,Leonela Pena; I have read the foregoing Complaint and know the contents thereof; that the same is true to my knowledge except as to matters therein alleged upon information and belief, and as to those matters I believe them to be true. ESldELIN PENA SUBSCRIBED AND SWORN to before me on this day of September 2020. Notary Public / State of New York s m :4vid IM4R K. RUDANI Notan/ Pubho State ofNew York Bromi CnonN. # 01RU6032273 -' r;m·r÷sioñ Ex li My Ocec& 21, 20 6 7 of 34 FILED: BRONX COUNTY CLERK 09/23/2020 11/22/2022 10:31 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 1 29 RECEIVED NYSCEF: 09/23/2020 11/22/2022 EXHIBIT 1 8 of 34 FILED: BRONX COUNTY CLERK 09/23/2020 11/22/2022 10:31 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 1 29 RECEIVED NYSCEF: 09/23/2020 11/22/2022 IN LANGUAGE STANDARD APARTMENT LEASE y . TH Between VAN COURTLANDTASSETS LLC as landlord whose address is: LEASE rnade May 17. 2018 PO BOX 331 TEANECK, NJ 07666 and ESMELIN PENA / LEONELA PENA as Tenant. The Landlord hereby teases to the Tenant, Apartment No. 3F in the located at: building 155 EAST MOSHOLU PARKWAYN BRONX, N.Y. 10467 private dwelling apartment by the Tenant for a term of 1 year beginning to be used and occupied only as a strictly 07/01/2018 and ending 06/30/2019, at a monthly rental of 'S2100.00' to be paid at the office of the Landlord each month in advance on the first day of each month, without further prior notice or demand. (For the purpose of this lease the word Landlord shall mean: Landlord, Court Appointed Receiver, Mortgagee in Possession, or owner of a lease to the property.) only and in the event of a confilct between a caption and the text, the text shall CAPTIONS: Captions are for convenience control. of # 1st OCCUPANCY: a) The apartment shall be occupied by the Tenant and the Tenant's immediate family, consisting persons shall be occupying the apartment as their primary residence persons. It is hereby represented that the following with the Tenant: NAYRAPENA (SISTER- 26 YRS OLD) b) Tenant promises to inform the Landlord if any family member moves into the apartment with Tenant, when he of his occupancy. moves in and the circumstances c) Tenant understands that Landlord is relying on Tenant's representation to enter into the lease. Laws, and the rent agreed may be Increased or 2nd RENT ADJUSTMENT:The apartment Is subject to Rent Stabilization decreased during the term of this lease as determined by the Rent GuideNnes Board, NYS Division of Housing and Community Renewal (DHCR), or any other regulatory agency. The adjustment shall begin as provided for In the of any of these agencies. determination limiting any other right the Landlord may have pursuant to law or The Landlord and tenant agree to the following without under this lease: a) In the event the applicable rent guideline has not been fixed by the Rent Guidelines board by the date this Lease is executed, the rent provided herein shall be adjusted to conform to the guidelines when promulgated. Unless the Rent Guidelines Board has Fixed a date later than the date of the commencement of this Lease for the guideline to become effective, the adjustment shall be effective as of the commencement date of this Lease. b) In the event the Landlord Is granted a rent increase by the DHCR, any other agency or court having jurisdiction thereof in accordance with an application for a rent increase based on a major capitaf improvement, hardship or other grounds permitted by code or applicable law: 1. Tenant agrees to be bound by such determination, 2. During the term of this Lease and any renewal thereof, Tenant agrees to pay any increase set forth in any Notice of or Order issued pursuant to such application Eligibility or determination in the manner and within the time limitation provided for therein; and 3. In the event the increase is pursuant to a hardship application, within thirty (30) days of receipt of a copy of the DHCR order, Tenant may cancel this lease on sixty (60) days' written notice to the Landlord. However, the Tenant agrees to pay the increase in rent as provided in the Order until the effective date of his cancellation of the Lease and date the apartment Is vacated by the Tenant. 3rd SECURITY: The tenant has deposited with the Landlord the sum of $210D.00 as security for the performance of the terms of this lease. The Landlord may use or apply all or any pad of the deposit as may be required for the payment of any rent, damages to the apartment or a loss In re-renting during the term of this lease. Any balance of the security deposit after allowable deductions shall be returned to the Tenant after the Tenant has moved from the apartment at the end of the lease. In the event of a sale or transfer of the property the Landlord shall have the right to transfer this security deposit to the new owner and will upon notification to the Tenant be released from all liablilty regarding this security deposit. The security shall be deposited with J.P Morgan CHASE . initial here initial here 9 of 34 FILED: BRONX COUNTY CLERK 09/23/2020 11/22/2022 10:31 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 1 29 RECEIVED NYSCEF: 09/23/2020 11/22/2022 4th TENANT HAS INSPECTEDAPARTMENT:The Tenant has examined the apartment. No representation has been made by the Landlord which Is not in this lease. The apartment has been adequately painted and no repairs are needed, other than those specifically stated in this lease. of the apartment on the neginning 5th TAKING POSSESSION:The Landlord shall not be liable for failure to give possession or for any date of this lease if the premises are not ready for occupancy, or If the prior tenant has not vacated the apartment other reason. in such event, the rent shall not begin until possession is given or Is available, but the ending date of this (ease shall not be extended. and signed by both of this lease may be changed except in writing 6th MODIFICATION:None of the terms or conditions Landlord and Tenant 7th NOTICES: All notices to Landlord shall be sent to the Landlord at the address indicated, by certified mail, Return Receipt Requested or at such other address as designated by Landlord. All notices to tenant shall be sent to the Tenant at the apartment which is the subject of this lease, by regular mall except that any notice allaging failure to comply with any terme of this lease or any notice of termination of the lease and/or tenancy shall be sent by certified mall. Notices shall be effective when malled. sth SUBLETTING AND ASSIGNMENT' The Tenant shall not sublet the apartment, in whole or in part, nor assign this lease withoutthe written consent of the Landlord, nor permit anyone not specifically Indicated in this lease to occupy the apartrnent. The Landlord may withhold consent to assignment without cause. 9th FAILURE TO PAYRENTTIMELY: Rent Is duc by the first of each month. For purposes of this paragraph, payment after the 10TH of each month shall be considered a 'Late Payment'. Late Payments more than three (3) times in any twelve month of this lease and be grounds for the period shall be deemed to be a failure to comply with a substantial obligation of this lease and eviction termination of the Tenant by tha Landlord. 10th LATE CHARGE: It is agreed that due to administrative inconvenience and costs incurred due to late payment of rent that Tenants agree to pay the sum of 5% of the rent per month in any month in which the rent is tendered after the 10TH day of that month. It is further agreed, that although, Landlord is accepting 5% of the rent as a late charge that the Landlord is not stopped from commencing any action or proceeding with regard to Tenant's failure to pay rent timely. This paragraph is not a waiver of the Landlord's right to collect or demand rent when It is due. 11th DISHONOREDCHECK FEE: If you pay your rent by check and your check Is dishonored or not paid by the bank on which to pay the Landlord a 'Dishonored Check Fee' of $30.00. This the check was drawn for any reason, you will be responsible fee is additional rent and may be the subject of a non-payment summary iraceseg. 12th FIRE, DESTRUCTION:The Tenant shall give Immediate notice to the Landlord in case of fire. The Landlord shall repair the premises as soon as is reasonably possible subject to any delays due to adjustment of insurance claims or an3tcause not under the Landlord's control. There shall be no abatement for rent. If the premises are damaged where the Landlord feels that the apartment is beyond repair within a reasonable period of time, the term of this lease shall end and the Tenant must vacate the apartment. if the fire or casualty was caused by the Tenant's actions, the costs of repairs shall be repaid to the Landlord by the Tenant as additional rent 13th CARE OF PREMISES: Tenant shall comply with all rules and regulations of all City Agencies and all C6tyOrdinances relating to this property. The Tenant shall make all repairs required to the apartment, including ranges and refrigerators, whenever damage is a result of the misuse or negligence of the Tenant or any occupant or visitor. The Tenant shall reimburse the Landlord as additional rent, the cost of repairing any damage or for the removal of any violations caused by the Tenant or any occupant or visitor. This paragraph shall also include the public areas of the building. 14th FACILITIES: Storeroom and faundry facilities in the building and Cable TV & Master Antenna may be provided by the Landlord at the option of the Landlord. Landlord may discontinue the facilities at anytime and shall not be liable for any damage, injury or loss from the use of these areas. 15th ADVERTISEMENT:The Tenant shall not place any sign or projection in or out of the windows or on the building. Its Agents, employees and mechanics shall be permitted to enter the apartment at all 16th ACCESS: The Landlord, of making repairs, showing the apartment to prospective reasonable hours for the purposes tenants, mortgagees. or buyers of the apartment In the event of an emergency which affects the safety of the tenants In the building or or for the inspection which may cause damage to the building the Landlord may enter the premises without prior notice to the Tenant. 17th DEFAULT:If the Tenant Is dispossessed by legal action the Landlord may enter and take possession of the premises withoutbeing liable to prosecution for this action, and may re-rent the apartment The Tenant will be liable to the Landlord for any end all expenses related to the entering, repairing, redecorating and re-renting. In the event the Tenant does not of this lease or fails to comply with rules or regulations in this lease or creates a nulsance or comply with any obligations detrimental engages in conduct to the safety of other tenants or intentionally damages the property, or disturbing to other tenants, then the Landlord may terminate the tenancy and lease on seven days written notice to the Tenant. the foregoing, Notwithstanding shall the Landlord notberequired to give any preliminary notice to the Tenant prior to a non-payment summary proceeding except such notice or notices as may be required by law. Any DEMAND for Initiating rent maybe or made orally in of at the option writing theLandlord. (2) initial here v P Initial here 10 of 34 FILED: BRONX COUNTY CLERK 09/23/2020 11/22/2022 10:31 09:51 AM PM INDEX NO. 30724/2020E NYSCEF DOC. NO. 1 29 RECEIVED NYSCEF: 09/23/2020 11/22/2022 18th PAYMENTOF LANDLORD'S EXPENSES: Any oxpense incurred by landlord in connection with any performance by It for the account of Tenant and all costs and expenses, Including reasonable attorneys' fees (whether or not legal proceedings are instituted), Involved in collecting the obligations rents or enforcing the cost and of Tenant under this lease, including expense of instituting legal proceedings or recovering possession of the premises after default by Tenant or and prosecuting of this lease, shall be due and payable by Tenant, on demand, as Additional Rent. In upon expiration or sooner termination brought by the Landlord and there is no resolution of the matter the event the Tenant does not defend any legal proceeding may be recovered by a Court, then in such event the legal fees incurred by the Landlord will become Additional Rent and in any subsequent legal proceeding the Landlord and Tenant involving 19th SUBORDINATION:Any mortgage which is now In effect or which may be made after this lease or any tease on the land or building or replacements of any tease or of which this apartment is part, of any extensions, modifications, consolidations mortgages provided for In this provision shall have priority over this lease. The Tenant agrees to sign any acknowledgment of this clause and hereby appoints the Landlord the Attorney-In-Fact for the Tenant to execute and deliver such acknowledgmenton behalf of the Tenant This lease shall be 'subordinate' to any lease or financing as provided for In this paragraph 20th SERVICES: The Landlord will provide the following services provided tthat the Tenant is not in default under the terms of this lease: a) Hot and cold water and heat as required by law. b) Elevator service if the building is equipped with an elevator. The Landloro shall have the right to change operator elevators to self-service elevators and may dispense with the services of doorman, elevator operators of the Landlord or hold and attendants which shall in no Way affect or Impair the obligations the Landlord liable for prosecution for any damage, and the Tenant shall not receive any abatement in rent If any change is made. c) The Landlord shall not be liable for the failure to supply any services by reasons of strikes, tockouts, accidents, delays in securing supplies or labor, or by reason of other causes beyond the control of the Landlord, and the Tenant shall not receive any allowance or abatement in rent 21st NO TRIAL BY JURY It is agreed by the Landlord and the Tenant that the right to trial by jury is hereby waived in any by any party to the lease against the other or any matter whatsoever, arising out of or in any way action proceeding brought connected with this leasa and/or any cIalm of Injury or damage, unless such waiver is contrary to law. THE RIGHTTO A TRIAL BY JURY IS AN IMPORTANTRIGHT OF THE TENANTAND THE TENANT IS AGREEING NOT TO DEMANDA TRIAL BY JURY. 22nd NO RIGHT OF RE-ENTRY The Tenant waives: (1) the right to go back into the apartment by any existing law or under any future law after a final order or judgment in any action has been signed or alter the Tenant shall have been removed from the leased apartment: (2) the right to bring proceedings of a counterclaim on any action brought by the Landlord under this lease but shall be required to bring an independent action on any counterefaim or offset; and (3) the right to put in a defense of giving up the apartment or constructive in any action started for the recovery of rent or for a default in eviction this lease. 23rd CONSTRUCTIVEEVICTION: No act of constructive