LLC v. Neil Deutsch, Respondent-Tenant-Appellant, and John Doe & Jane Doe, Respondents-Undertenants. (2026)

Per Curiam.

Appeal from order (Daniele Chinea, J.), dated October 27, 2025, deemed an appeal from the final judgment (Daniele Chinea, J.), entered October 27, 2025, and so considered (see CPLR 5520 [c]), final judgment affirmed, with $25 costs.

Civil Court properly rejected tenant's statute of limitations defense in this 2025 nonpayment summary proceeding. The rent arrears sought in the petition, consisting of multi-year rent guideline board [RGB] increases, did not accrue or become collectible until September 2024, when the Loft Board issued its final rent order (see Matter of Decker Associates, LLC, Loft Board Order No. 5314 [Sept. 19, 2024]), which set the initial legal rent for the tenant's loft unit, the applicable RGB increases and directed the landlord to furnish tenant with a rent stabilized lease (see New York City Loft Board Rules [29 RCNY] § 2-01 [i] [1]).

Tenant's laches defense was also properly rejected since tenant failed to show any "unreasonable and inexcusable delay by the [landlord] in undertaking to enforce his rights, which result[ed] in prejudice to the opposing party" (Dante v 310 Assoc., 121 AD2d 332, 334 [1986], app denied 68 NY2d 607 [1986]). Rather, as Civil Court noted, the delay was caused by the Loft Board.

Although landlord had the option of seeking RGB increases sooner (see 29 RCNY § 2-01 [i] [1] [landlord is "eligible" to apply for RGB increases during the legalization process once it obtained the certificate of occupancy]), this was permissive but not mandatory, and landlord did not forfeit any rights by awaiting the Board's final rent order (see Matter of Brady Props. v New York City Loft Bd., 269 AD2d 137, 140 [2000]). 29 RCNY § 2-01 (m) (3) (iii) specifically provides for calculation of the RGB increases in the final rent order when landlord has not applied for interim adjustments.

We note that tenant has fully satisfied the judgment.

We have considered the parties' remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: October 21, 2026