By Adam Pincus
Daejan NY Ltd., which owns most of the units in the 59-unit cooperative building at 43-25 43rd St. in Sunnyside, raised Christopher Duckett's monthly rent from $1,175 to $1,600 in November, a 35 percent increase, after he tried to bring residents together to push for a faster cleanup after the July 3 fire. He refused to pay the increase, and they then served him with eviction papers Jan. 2 after ordering him to leave by the end of December.The fire July 3 nearly killed the elderly Veyacheslav Nekrasov, who had filled a one-bedroom apartment across the hall from the Ducketts with old computers, furniture and clothes. The fire began after a candle Nekrasov lit to mask the stench of the rotting refuse ignited some of the trash, fire investigators said.Duckett and his wife Yamileth, 31, and their two sons Raziel, 5 and Hai-Lin, 2, moved into the apartment two years ago, first paying $1,100 in November 2004. They resigned for another year in 2005.After being served the eviction papers, the Ducketts' countersued, alleging that the owners of the majority of the units in the building, which was converted from a rent-stabilized building to a co-op in 1992, have not made a bona fide effort to sell the apartments. Instead of selling them, the response alleges, some of the units are rented with “subleases” as a way to circumvent rent-stabilization laws which regulate rent increases and provide the right to renew a lease.The response, brought as a pro bono case by housing attorney Robert McCreanor of Paul, Weiss, Rifkind, Wharton & Garrison claimed Daejan NY is violating a state law known as the Martin Act, which says the Ducketts' rent can only be raised by a “reasonable” amount.The hearing to consider the suit and countersuit was scheduled for Wednesday before Queens Housing Court judge Ulysses Leverett.Duckett owes four months in rent, including one month he was behind, one month he did not pay because he could not live in the apartment after the fire, and November and December. “What I hope to get is a new lease, at least for another whole year,” Duckett said Monday night in his apartment. Representatives for Daejan NY did not respond to calls for comment.Reach reporter Adam Pincus by e-mail at news@timesledger.com or by phone at 718-229-0300, Ext. 154.
