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New York Sues Peak Capital Over Alleged Illegal Deregulation of More Than 150 Rent-Stabilized Apartments

State housing enforcers seek repayment plus damages over alleged misuse of the “substantial rehabilitation” exemption.

Overview

  • Attorney General Letitia James and the state housing agency filed the joint civil suit on December 1 against Peak Capital Advisors and several principals, including Michael Lohan Jr.
  • The complaint alleges that since 2019 the firm bought 31 buildings in Brooklyn and Queens and converted over 150 stabilized units to market rate by falsely claiming qualifying rehabilitations.
  • Prosecutors say the buildings were in average or good condition and accuse the defendants of reassigning apartment numbers to obscure regulatory status after renovations.
  • A cited example involves 101 Greenpoint Avenue, purchased in 2022, where a gut renovation preceded a reported rent jump for one unit from about $1,300 to $4,800.
  • The lawsuit seeks registration of affected units, issuance of rent-stabilized leases, restitution of overcharges, damages, and penalties, with the case now pending in court.