Preview
FILED: KINGS COUNTY CLERK 12/31/2019 03:59 PM INDEX NO. 528302/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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KEVIN GRIFFIN,
Index No.
Plaintiffs (Filed……………)
- against - Plaintiff designates
Kings County
AB & I REALTY & MANAGEMENT LLC as the place of trial
Plaintiff’s Address:
774 Franklin Ave, #4B
Defendants. Brooklyn, NY 11238
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SUMMONS
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive
of the day of service (or within 30 days after the service is complete if this summons is not personally
delivered to you within the State of New York); and in case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded in the complaint.
Dated: Brooklyn, New York
December 25, 2019
Yours, etc.
________________________
Davis, Ndanusa, Ikhlas & Saleem LLP
By: Mustapha Ndanusa, Esq.
Attorneys for Plaintiff
26 Court St., Suite 1112
Brooklyn, New York 11242
(718) 783-6819
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AB & I REALTY & MANAGEMENT LLC
670 MYRTLE AVE, #200
BROOKLYN, NEW YORK, 11205
AB&I REALTY & MANAGEMENT LLC
794 MYRTLE AVENUE, PMB 200
BROOKLYN, NY 11238
AB&I REALTY & MANAGEMENT LLC
199 LEE AVENUE, #215
BROOKLYN, NY 11211
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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KEVIN GRIFFIN,
Index No.
Plaintiffs
- against - VERIFIED COMPLAINT
AB & I REALTY & MANAGEMENT LLC
Defendants.
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Plaintiffs, by their attorneys, Davis, Ndanusa, Ikhlas & Saleem LLP respectfully allege the
following upon information and belief as their verified Complaint against the Defendants:
PARTIES
1. Plaintiffs Kevin Griffin is a resident of the State of New York, County of Kings with a current
address at 774 Franklin Avenue, #4B, Brooklyn, NY 11238.
2. Defendant AB & I Realty & Management LLC (“AB&I”) is, upon information and belief, a
domestic corporation duly authorized to do business in and under the law of the State of New
York with a registered business address at 670 Myrtle Avenue, #200, Brooklyn, NY, 11238.
VENUE
3. Plaintiff designates Kings County as the place of trial. The basis of venue, pursuant to the Civil
Practice Law and Rules (CPLR) §509 is that the events complained of herein occurred in New
York County.
FACTS
4. In or about August 1, 2016 Plaintiff Griffin entered into a lease agreement (“original lease”)
with AB&I for the premises located at 774 Franklin Avenue, #4B, Brooklyn, NY 11238
(“subject premises”)
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5. That the subject premises is a rent regulated / rent stabilized apartment.
6. That the subject premises is registered with the Division of Housing and Community Renewal
(“DHCR”) as a rent stabilized apartment.
7. That DHCR has no record of the premises becoming deregulated.
8. That there appears to be no reason for the apartment to be deregulated.
9. That the last registered rent for the apartment was $1114.51 in 2014.
10. That the apartment was not furnished when Griffin initially rented the apartment.
11. That the rent pursuant to the initial lease was $1950 per month.
AS FOR A FIRST CAUSE OF ACTION: FRAUD
12. Plaintiff re-alleges each of the proceeding paragraphs as though fully set forth in each of the
subsequent causes of action.
13. That at all times herein AB&I acted as managing agent for the subject premises and represented
same to Griffin.
14. That at all times herein, AB& I represented to Griffin that the subject premises is not rent
stabilized.
15. That the initial lease did not describe the subject premises as rent stabilized.
16. That DHCR confirms that the apartment is rent stabilized.
17. That Griffin relied on AB&I’s representation that the premises was not rent stabilized.
18. That Griffin had no reason to know that the subject premises was actually rent stabilized.
19. That as a result of this reliance, Griffin paid rent from August 2016 to September 2016 in the
amount of $1950.
20. That from August 2016 to September 2016, the legal regulated rent for the premises should
have been $1337.41.
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21. That for the 2 months from August 2016 to September 2016, the rent overcharge was $1225.16.
22. That from October 1, 2016 to July 31, 2018, Griffin paid rent in the amount of $1950
23. That from October 2016 to July 31, 2018, the legal regulated rent for the premises should have
been $1337.41.
24. That the total rent overcharge for the 22 months period from October 31, 2016 through July 31,
2018 was $13,476.76.
25. That from August 2018 through July 31, 2019, Griffin paid rent in the amount of $2050,
totaling 12 months.
26. That from August 2018 through July 31, 2019, the legal regulated rent for the premises should
have been $1354.12, representing a 1.25% regulated increase for a one year lease.
27. That the total rent overcharge for the 12 months period from August 2108 through July 31,
2019 was $8,350.56.
28. That from August 2019 to October 31, 2019, Griffin paid rent in the amount of $2100.
29. That from August 2019 to October 31, 2019, the legal regulated rent for the premises should
have been $1374.44, representing a 1.5% increase in rent for a one year lease.
30. That the total rent overcharge for the 3 months period from August 2019 to October 31, 2019
total $2,176.65.
31. That from November 1, 2019 to the present, Griffin continues to pay rent in the amount of
$2100.
32. That from November 2019 to September 2020 the should be $1374.44.
33. That all rents paid to Defendants from November 2019 until when this case is resolved, the rent
overcharge is approximately $725.55 for each month until September 2020 and any other
increases that may exist thereafter.
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34. In relying on the representation that the subject premises was not rent stabilized, Griffin was
injured in overpaying for rent.
35. That Griffin seeks compensatory in an amount in excess of the jurisdictional amount of the
lower court and for punitive damages in an amount to be determined by the court.
AS FOR A SECOND CAUSE OF ACTION: RENT OVERCHARGE
36. Plaintiff re-alleges each of the proceeding paragraphs as though fully set forth in each of the
subsequent causes of action.
37. That at all times herein AB&I acted as managing agent for the subject premises and represented
same to Griffin.
38. That at all times herein, AB& I represented to Griffin that the subject premises is not rent
stabilized.
39. That the initial lease did not describe the subject premises as rent stabilized.
40. That DHCR confirms that the apartment is rent stabilized.
41. That Griffin relied on AB&I’s representation that the premises was not rent stabilized.
42. That Griffin had no reason to know that the subject premises was actually rent stabilized.
43. That as a result of this reliance, Griffin paid rent from August 2016 to September 2016 in the
amount of $1950.
44. That from August 2016 to September 2016, the legal regulated rent for the premises should
have been $1337.41.
45. That for the 2 months from August 2016 to September 2016, the rent overcharge was $1225.16.
46. That from October 1, 2016 to July 31, 2018, Griffin paid rent in the amount of $1950
47. That from October 2016 to July 31, 2018, the legal regulated rent for the premises should have
been $1337.41.
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48. That the total rent overcharge for the 22 months period from October 31, 2016 through July 31,
2018 was $13,476.76.
49. That from August 2018 through July 31, 2019, Griffin paid rent in the amount of $2050,
totaling 12 months.
50. That from August 2018 through July 31, 2019, the legal regulated rent for the premises should
have been $1354.12, representing a 1.25% regulated increase for a one year lease.
51. That the total rent overcharge for the 12 months period from August 2108 through July 31,
2019 was $8,350.56.
52. That from August 2019 to October 31, 2019, Griffin paid rent in the amount of $2100.
53. That from August 2019 to October 31, 2019, the legal regulated rent for the premises should
have been $1374.44, representing a 1.5% increase in rent for a one year lease.
54. That the total rent overcharge for the 3 months period from August 2019 to October 31, 2019
total $2,176.65.
55. That from November 1, 2019 to the present, Griffin continues to pay rent in the amount of
$2100.
56. That from November 2019 to September 2020 the should be $1374.44.
57. That all rents paid to Defendants from November 2019 until when this case is resolved, the rent
overcharge is approximately $725.55 for each month until September 2020 and any other
increases that may exist thereafter.
58. The above-described rent overcharge by Defendant was illegal, and in violation of 9 NYCRR
§2525.6(b).
59. Griffin seeks compensation for the rent overcharge in an amount in excess of the jurisdictional
amount of lower courts in an amount to be determined as trial.
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AS FOR A THIRD CAUSE OF ACTION:TREBLE DAMAGES
60. Plaintiff re-alleges each of the proceeding paragraphs as though fully set forth in each of the
subsequent causes of action.
61. That at all times herein AB&I acted as managing agent for the subject premises and represented
same to Griffin.
62. That at all times herein, AB& I represented to Griffin that the subject premises is not rent
stabilized.
63. That the initial lease did not describe the subject premises as rent stabilized.
64. That DHCR confirms that the apartment is rent stabilized.
65. That Griffin relied on AB&I’s representation that the premises was not rent stabilized.
66. That Griffin had no reason to know that the subject premises was actually rent stabilized.
67. That as a result of this reliance, Griffin paid rent from August 2016 to September 2016 in the
amount of $1950.
68. That from August 2016 to September 2016, the legal regulated rent for the premises should
have been $1337.41.
69. That for the 2 months from August 2016 to September 2016, the rent overcharge was $1225.16.
70. That from October 1, 2016 to July 31, 2018, Griffin paid rent in the amount of $1950
71. That from October 2016 to July 31, 2018, the legal regulated rent for the premises should have
been $1337.41.
72. That the total rent overcharge for the 22 months period from October 31, 2016 through July 31,
2018 was $13,476.76.
73. That from August 2018 through July 31, 2019, Griffin paid rent in the amount of $2050,
totaling 12 months.
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74. That from August 2018 through July 31, 2019, the legal regulated rent for the premises should
have been $1354.12, representing a 1.25% regulated increase for a one year lease.
75. That the total rent overcharge for the 12 months period from August 2108 through July 31,
2019 was $8,350.56.
76. That from August 2019 to October 31, 2019, Griffin paid rent in the amount of $2100.
77. That from August 2019 to October 31, 2019, the legal regulated rent for the premises should
have been $1374.44, representing a 1.5% increase in rent for a one year lease.
78. That the total rent overcharge for the 3 months period from August 2019 to October 31, 2019
total $2,176.65.
79. That from November 1, 2019 to the present, Griffin continues to pay rent in the amount of
$2100.
80. That from November 2019 to September 2020 the should be $1374.44.
81. That all rents paid to Defendants from November 2019 until when this case is resolved, the rent
overcharge is approximately $725.55 for each month until September 2020 and any other
increases that may exist thereafter.
82. The above-described rent overcharge by Defendant was illegal, and in violation of 9 NYCRR
§2525.6(b).
83. That Defendants purposely misrepresented the rent regulatory status of the premises to Plaintiff
Griffin.
84. That as a result, Defendants are liable for treble damages in an amount to be determined at trial,
pursuant to 9 NYCRR §2525.6(b).
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AS FOR A FOURTH CAUSE OF ACTION: DECLARATORY JUDGMENT
85. Plaintiff re-alleges each of the proceeding paragraphs as though fully set forth in each of the
subsequent causes of action.
86. That AB&I misrepresents the rent regulatory status of the subject premises.
87. That DHCR maintains records demonstrating that the subject premises are rent stabilized.
88. That the subject premises did not, at any time, achieve luxury deregulation status.
89. That the subject premises did not, at any time, become deregulated due to any co-operating or
condominium conversion.
90. That since the last registered of $1114.51 in 2014, the landlord owner filed not documents
demonstrating a capital improvement such that the apartment may then achieve deregulatory
status.
91. That Defendant’s failure to file registration for the subject premises since 2014 was intended to
misrepresent the rent regulatory status of the subject premises.
92. That as a result the Plaintiff seeks a declaration that the subject apartment continues to be rent
regulated and that Plaintiff is entitled to a lease in the rent regulatory amount to be determined
after trial.
WHEREFORE, I pray that the court grants a judgment as to the first cause of action in an
amount to be determined, as for the second cause of action for a judgment in an amount to be
determined, as for the third cause of action for a judgment in an amount to be determined, as for the
fourth cause of action for a judgment in and amount to be determined, for cost, disbursements and
attorneys fees, and for all other relief as this court may deem just and proper.
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Dated: Brooklyn, New York
December 25, 2019
Yours, etc.
________________________
Davis, Ndanusa, Ikhlas & Saleem LLP
By: Mustapha Ndanusa, Esq.
Attorneys for Plaintiff
26 Court St., Suite 1112
Brooklyn, New York 11242
(718) 783-6819
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VERIFICATION
State of New York
ss.:
County of Kings
KEVIN GRIFFIN., being duly sworn, deposes and says:
I am the Plaintiff action
in this and I am fully h9iar with the facts and circums _nces
underlying the action. I hemby verify that I have read the within
COMPLAINT
and am fully familiar with its contents. The same are true and accurate to my personal
knowledge, except for those matters asserted or implied thereirt to be upon irJcrinstion and belief. As
to those matters 1 believe them to be true.
// KEVIN FFIN
Sworn to fore me is
day of , 20 t
/'
N P lic / O'( A 0
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Preview
FILED: KINGS COUNTY CLERK 12/31/2019 03:59 PM INDEX NO. 528302/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------X KEVIN GRIFFIN, Index No. Plaintiffs (Filed……………) - against - Plaintiff designates Kings County AB & I REALTY & MANAGEMENT LLC as the place of trial Plaintiff’s Address: 774 Franklin Ave, #4B Defendants. Brooklyn, NY 11238 -------------------------------------------------------------------X SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Brooklyn, New York December 25, 2019 Yours, etc. ________________________ Davis, Ndanusa, Ikhlas & Saleem LLP By: Mustapha Ndanusa, Esq. Attorneys for Plaintiff 26 Court St., Suite 1112 Brooklyn, New York 11242 (718) 783-6819 1 of 12 FILED: KINGS COUNTY CLERK 12/31/2019 03:59 PM INDEX NO. 528302/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 AB & I REALTY & MANAGEMENT LLC 670 MYRTLE AVE, #200 BROOKLYN, NEW YORK, 11205 AB&I REALTY & MANAGEMENT LLC 794 MYRTLE AVENUE, PMB 200 BROOKLYN, NY 11238 AB&I REALTY & MANAGEMENT LLC 199 LEE AVENUE, #215 BROOKLYN, NY 11211 2 of 12 FILED: KINGS COUNTY CLERK 12/31/2019 03:59 PM INDEX NO. 528302/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------X KEVIN GRIFFIN, Index No. Plaintiffs - against - VERIFIED COMPLAINT AB & I REALTY & MANAGEMENT LLC Defendants. -------------------------------------------------------------------X Plaintiffs, by their attorneys, Davis, Ndanusa, Ikhlas & Saleem LLP respectfully allege the following upon information and belief as their verified Complaint against the Defendants: PARTIES 1. Plaintiffs Kevin Griffin is a resident of the State of New York, County of Kings with a current address at 774 Franklin Avenue, #4B, Brooklyn, NY 11238. 2. Defendant AB & I Realty & Management LLC (“AB&I”) is, upon information and belief, a domestic corporation duly authorized to do business in and under the law of the State of New York with a registered business address at 670 Myrtle Avenue, #200, Brooklyn, NY, 11238. VENUE 3. Plaintiff designates Kings County as the place of trial. The basis of venue, pursuant to the Civil Practice Law and Rules (CPLR) §509 is that the events complained of herein occurred in New York County. FACTS 4. In or about August 1, 2016 Plaintiff Griffin entered into a lease agreement (“original lease”) with AB&I for the premises located at 774 Franklin Avenue, #4B, Brooklyn, NY 11238 (“subject premises”) 3 of 12 FILED: KINGS COUNTY CLERK 12/31/2019 03:59 PM INDEX NO. 528302/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 5. That the subject premises is a rent regulated / rent stabilized apartment. 6. That the subject premises is registered with the Division of Housing and Community Renewal (“DHCR”) as a rent stabilized apartment. 7. That DHCR has no record of the premises becoming deregulated. 8. That there appears to be no reason for the apartment to be deregulated. 9. That the last registered rent for the apartment was $1114.51 in 2014. 10. That the apartment was not furnished when Griffin initially rented the apartment. 11. That the rent pursuant to the initial lease was $1950 per month. AS FOR A FIRST CAUSE OF ACTION: FRAUD 12. Plaintiff re-alleges each of the proceeding paragraphs as though fully set forth in each of the subsequent causes of action. 13. That at all times herein AB&I acted as managing agent for the subject premises and represented same to Griffin. 14. That at all times herein, AB& I represented to Griffin that the subject premises is not rent stabilized. 15. That the initial lease did not describe the subject premises as rent stabilized. 16. That DHCR confirms that the apartment is rent stabilized. 17. That Griffin relied on AB&I’s representation that the premises was not rent stabilized. 18. That Griffin had no reason to know that the subject premises was actually rent stabilized. 19. That as a result of this reliance, Griffin paid rent from August 2016 to September 2016 in the amount of $1950. 20. That from August 2016 to September 2016, the legal regulated rent for the premises should have been $1337.41. 4 of 12 FILED: KINGS COUNTY CLERK 12/31/2019 03:59 PM INDEX NO. 528302/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 21. That for the 2 months from August 2016 to September 2016, the rent overcharge was $1225.16. 22. That from October 1, 2016 to July 31, 2018, Griffin paid rent in the amount of $1950 23. That from October 2016 to July 31, 2018, the legal regulated rent for the premises should have been $1337.41. 24. That the total rent overcharge for the 22 months period from October 31, 2016 through July 31, 2018 was $13,476.76. 25. That from August 2018 through July 31, 2019, Griffin paid rent in the amount of $2050, totaling 12 months. 26. That from August 2018 through July 31, 2019, the legal regulated rent for the premises should have been $1354.12, representing a 1.25% regulated increase for a one year lease. 27. That the total rent overcharge for the 12 months period from August 2108 through July 31, 2019 was $8,350.56. 28. That from August 2019 to October 31, 2019, Griffin paid rent in the amount of $2100. 29. That from August 2019 to October 31, 2019, the legal regulated rent for the premises should have been $1374.44, representing a 1.5% increase in rent for a one year lease. 30. That the total rent overcharge for the 3 months period from August 2019 to October 31, 2019 total $2,176.65. 31. That from November 1, 2019 to the present, Griffin continues to pay rent in the amount of $2100. 32. That from November 2019 to September 2020 the should be $1374.44. 33. That all rents paid to Defendants from November 2019 until when this case is resolved, the rent overcharge is approximately $725.55 for each month until September 2020 and any other increases that may exist thereafter. 5 of 12 FILED: KINGS COUNTY CLERK 12/31/2019 03:59 PM INDEX NO. 528302/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 34. In relying on the representation that the subject premises was not rent stabilized, Griffin was injured in overpaying for rent. 35. That Griffin seeks compensatory in an amount in excess of the jurisdictional amount of the lower court and for punitive damages in an amount to be determined by the court. AS FOR A SECOND CAUSE OF ACTION: RENT OVERCHARGE 36. Plaintiff re-alleges each of the proceeding paragraphs as though fully set forth in each of the subsequent causes of action. 37. That at all times herein AB&I acted as managing agent for the subject premises and represented same to Griffin. 38. That at all times herein, AB& I represented to Griffin that the subject premises is not rent stabilized. 39. That the initial lease did not describe the subject premises as rent stabilized. 40. That DHCR confirms that the apartment is rent stabilized. 41. That Griffin relied on AB&I’s representation that the premises was not rent stabilized. 42. That Griffin had no reason to know that the subject premises was actually rent stabilized. 43. That as a result of this reliance, Griffin paid rent from August 2016 to September 2016 in the amount of $1950. 44. That from August 2016 to September 2016, the legal regulated rent for the premises should have been $1337.41. 45. That for the 2 months from August 2016 to September 2016, the rent overcharge was $1225.16. 46. That from October 1, 2016 to July 31, 2018, Griffin paid rent in the amount of $1950 47. That from October 2016 to July 31, 2018, the legal regulated rent for the premises should have been $1337.41. 6 of 12 FILED: KINGS COUNTY CLERK 12/31/2019 03:59 PM INDEX NO. 528302/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 48. That the total rent overcharge for the 22 months period from October 31, 2016 through July 31, 2018 was $13,476.76. 49. That from August 2018 through July 31, 2019, Griffin paid rent in the amount of $2050, totaling 12 months. 50. That from August 2018 through July 31, 2019, the legal regulated rent for the premises should have been $1354.12, representing a 1.25% regulated increase for a one year lease. 51. That the total rent overcharge for the 12 months period from August 2108 through July 31, 2019 was $8,350.56. 52. That from August 2019 to October 31, 2019, Griffin paid rent in the amount of $2100. 53. That from August 2019 to October 31, 2019, the legal regulated rent for the premises should have been $1374.44, representing a 1.5% increase in rent for a one year lease. 54. That the total rent overcharge for the 3 months period from August 2019 to October 31, 2019 total $2,176.65. 55. That from November 1, 2019 to the present, Griffin continues to pay rent in the amount of $2100. 56. That from November 2019 to September 2020 the should be $1374.44. 57. That all rents paid to Defendants from November 2019 until when this case is resolved, the rent overcharge is approximately $725.55 for each month until September 2020 and any other increases that may exist thereafter. 58. The above-described rent overcharge by Defendant was illegal, and in violation of 9 NYCRR §2525.6(b). 59. Griffin seeks compensation for the rent overcharge in an amount in excess of the jurisdictional amount of lower courts in an amount to be determined as trial. 7 of 12 FILED: KINGS COUNTY CLERK 12/31/2019 03:59 PM INDEX NO. 528302/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 AS FOR A THIRD CAUSE OF ACTION:TREBLE DAMAGES 60. Plaintiff re-alleges each of the proceeding paragraphs as though fully set forth in each of the subsequent causes of action. 61. That at all times herein AB&I acted as managing agent for the subject premises and represented same to Griffin. 62. That at all times herein, AB& I represented to Griffin that the subject premises is not rent stabilized. 63. That the initial lease did not describe the subject premises as rent stabilized. 64. That DHCR confirms that the apartment is rent stabilized. 65. That Griffin relied on AB&I’s representation that the premises was not rent stabilized. 66. That Griffin had no reason to know that the subject premises was actually rent stabilized. 67. That as a result of this reliance, Griffin paid rent from August 2016 to September 2016 in the amount of $1950. 68. That from August 2016 to September 2016, the legal regulated rent for the premises should have been $1337.41. 69. That for the 2 months from August 2016 to September 2016, the rent overcharge was $1225.16. 70. That from October 1, 2016 to July 31, 2018, Griffin paid rent in the amount of $1950 71. That from October 2016 to July 31, 2018, the legal regulated rent for the premises should have been $1337.41. 72. That the total rent overcharge for the 22 months period from October 31, 2016 through July 31, 2018 was $13,476.76. 73. That from August 2018 through July 31, 2019, Griffin paid rent in the amount of $2050, totaling 12 months. 8 of 12 FILED: KINGS COUNTY CLERK 12/31/2019 03:59 PM INDEX NO. 528302/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 74. That from August 2018 through July 31, 2019, the legal regulated rent for the premises should have been $1354.12, representing a 1.25% regulated increase for a one year lease. 75. That the total rent overcharge for the 12 months period from August 2108 through July 31, 2019 was $8,350.56. 76. That from August 2019 to October 31, 2019, Griffin paid rent in the amount of $2100. 77. That from August 2019 to October 31, 2019, the legal regulated rent for the premises should have been $1374.44, representing a 1.5% increase in rent for a one year lease. 78. That the total rent overcharge for the 3 months period from August 2019 to October 31, 2019 total $2,176.65. 79. That from November 1, 2019 to the present, Griffin continues to pay rent in the amount of $2100. 80. That from November 2019 to September 2020 the should be $1374.44. 81. That all rents paid to Defendants from November 2019 until when this case is resolved, the rent overcharge is approximately $725.55 for each month until September 2020 and any other increases that may exist thereafter. 82. The above-described rent overcharge by Defendant was illegal, and in violation of 9 NYCRR §2525.6(b). 83. That Defendants purposely misrepresented the rent regulatory status of the premises to Plaintiff Griffin. 84. That as a result, Defendants are liable for treble damages in an amount to be determined at trial, pursuant to 9 NYCRR §2525.6(b). 9 of 12 FILED: KINGS COUNTY CLERK 12/31/2019 03:59 PM INDEX NO. 528302/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 AS FOR A FOURTH CAUSE OF ACTION: DECLARATORY JUDGMENT 85. Plaintiff re-alleges each of the proceeding paragraphs as though fully set forth in each of the subsequent causes of action. 86. That AB&I misrepresents the rent regulatory status of the subject premises. 87. That DHCR maintains records demonstrating that the subject premises are rent stabilized. 88. That the subject premises did not, at any time, achieve luxury deregulation status. 89. That the subject premises did not, at any time, become deregulated due to any co-operating or condominium conversion. 90. That since the last registered of $1114.51 in 2014, the landlord owner filed not documents demonstrating a capital improvement such that the apartment may then achieve deregulatory status. 91. That Defendant’s failure to file registration for the subject premises since 2014 was intended to misrepresent the rent regulatory status of the subject premises. 92. That as a result the Plaintiff seeks a declaration that the subject apartment continues to be rent regulated and that Plaintiff is entitled to a lease in the rent regulatory amount to be determined after trial. WHEREFORE, I pray that the court grants a judgment as to the first cause of action in an amount to be determined, as for the second cause of action for a judgment in an amount to be determined, as for the third cause of action for a judgment in an amount to be determined, as for the fourth cause of action for a judgment in and amount to be determined, for cost, disbursements and attorneys fees, and for all other relief as this court may deem just and proper. 10 of 12 FILED: KINGS COUNTY CLERK 12/31/2019 03:59 PM INDEX NO. 528302/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 Dated: Brooklyn, New York December 25, 2019 Yours, etc. ________________________ Davis, Ndanusa, Ikhlas & Saleem LLP By: Mustapha Ndanusa, Esq. Attorneys for Plaintiff 26 Court St., Suite 1112 Brooklyn, New York 11242 (718) 783-6819 11 of 12 FILED: KINGS COUNTY CLERK 12/31/2019 03:59 PM INDEX NO. 528302/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 VERIFICATION State of New York ss.: County of Kings KEVIN GRIFFIN., being duly sworn, deposes and says: I am the Plaintiff action in this and I am fully h9iar with the facts and circums _nces underlying the action. I hemby verify that I have read the within COMPLAINT and am fully familiar with its contents. The same are true and accurate to my personal knowledge, except for those matters asserted or implied thereirt to be upon irJcrinstion and belief. As to those matters 1 believe them to be true. // KEVIN FFIN Sworn to fore me is day of , 20 t /' N P lic / O'( A 0 12 of 12