A tenant filed a $60 million lawsuit against prominent New York City property owner Moinian Group, alleging the company illegally evicted him and then re-rented his $3,500-per-month Upper East Side apartment with his belongings still inside.
Justin Collins alleges he was forced to vacate his one-bedroom apartment at 1264 Lexington Avenue due to “uninhabitable” conditions, including a carbon monoxide leak that endangered his dog, the New York Post reported. Collins began a rent strike in September 2023 after the landlord dismissed his concerns about numerous hazards, according to his lawsuit.
The property allegedly contained serious deficiencies, including broken floors, black mold and multiple gas and carbon monoxide leaks.
Collins also claimed the apartment was illegally created by dividing larger rent-stabilized units, with his apartment sharing an electrical panel with another unit. Court documents state that Collins’ apartment — along with two others in the building — lacked proper certificates of occupancy. Building officials, however, told the Post that the units have been “legalized.”
City records show the seven-story, 24-unit building has accumulated nearly 400 housing complaints and approximately $150,000 in fines and emergency repair bills in recent years.
When Collins temporarily relocated to his partner’s apartment following safety concerns, Moinian alleged he had abandoned his lease. The company then re-rented the unit while simultaneously collecting over $34,000 from Collins’ rental insurance company for allegedly unpaid rent, despite ongoing litigation regarding his tenancy, according to the suit.
Collins’ attorney argues the apartment should be classified as rent-stabilized since it was created by dividing a previously stabilized unit, which would, in turn, grant automatic lease renewal rights.
The lawsuit specifically alleges the company “wrongfully circumvented New York City and New York State Law, which requires a landlord to evict a tenant in court.”
An attorney for the Moinian Group said the firm is looking “forward to vigorously defending against these claims in court.” A representative for Moinian did not respond to a separate request for comment from The Real Deal.
This isn’t the only legal battle Moinian has recently faced. The company fought to retain a Financial District ground lease over claims that it failed to upkeep a façade.
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