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Leasing & tenant law · Owners & management · Deals & development · 11/02/2026

Tenants sue Two Trees over alleged 421a rent overcharges at 300 Ashland

Tenants at 300 Ashland Place in Fort Greene filed a class-action suit against Two Trees Management. They say rent increases on stabilized units were applied to the full legal rent instead of the lower preferential rent after concessions, which the Housing Stability and Tenant Protection Act of 2019 does not allow. Two Trees denies the claims and calls the suit frivolous.

Reported by The Real Deal · New YorkRead the original ↗

Photo: The Real Deal

What happened

Tenants at 300 Ashland Place in Fort Greene, Brooklyn, have filed a class-action lawsuit against Two Trees Management. They allege illegal rent increases on rent-stabilized apartments in the 379-unit building, which receives the 421a tax break. Gothamist reported the suit in a story published 10/30/2026 and said it was filed that Friday. The Real Deal followed on 11/02/2026.

The tenants claim Two Trees calculated renewal increases on the full legal rent instead of the lower preferential rent tenants first agreed to pay. Preferential rents can reflect concessions such as free months at lease signing. The Housing Stability and Tenant Protection Act of 2019 requires increases to be applied to the preferential rent. According to Gothamist, the complaint cites a 20th-floor apartment and six other units. Housing Rights Initiative's Aaron Carr said those increases broke state law because the Rent Guidelines Board has not approved an increase above 3.25% since 2021. The tenants allege overcharges of more than $30 million over the past five years.

The law firm Newman Ferrara represents the tenants, working with Housing Rights Initiative. The two outlets describe Two Trees' response differently. The Real Deal said Two Trees denies the accusations and quoted executive David Lombino: "Frivolous litigation like this drives up the already extraordinary cost of building and operating housing in New York City." Gothamist said Two Trees is reviewing the suit. Gothamist also said HCR declined to comment on ongoing litigation.

The Real Deal reported that Newman Ferrara has filed class actions against more than a dozen landlords since August over rent increases following concessions. These include a case at 420 Kent Avenue in Williamsburg tied to former Gov. Eliot Spitzer's firm and a suit at three Rockrose Development buildings in Long Island City that alleges more than $50 million in 421a overcharges.

Key facts

Address
300 Ashland Place, Fort Greene, Brooklyn
Units
379 units, opened about a decade ago (The Real Deal)
Landlord
Two Trees Management
Tax break
421a
Alleged overcharge
More than $30 million over the past five years
Tenants' lawyers
Newman Ferrara, with Housing Rights Initiative
Rule at issue
Housing Stability and Tenant Protection Act of 2019: renewal increases apply to preferential rent, not full legal rent
Date reported
Gothamist 10/30/2026; The Real Deal 11/02/2026

What it means

Landlords

Owners of 421a or other stabilized units with preferential rents may want to check how renewal increases are calculated. A growing number of class actions target increases applied to the full legal rent.

Tenants and voucher holders

Stabilized tenants who got concessions or a preferential rent can compare their renewal increases against the Rent Guidelines Board percentages for each year. Large jumps at renewal are the pattern these suits challenge.

Caseworkers

When reviewing renewal leases for clients in 421a buildings, note whether the increase was applied to the preferential rent or the higher legal rent. That is the core issue in these cases.

The highlights

  1. Tenants claim more than $30 million in overcharges over the last five years.
  2. 300 Ashland Place in Fort Greene is a 379-unit complex that opened a decade ago.
  3. Newman Ferrara has filed class actions against more than a dozen landlords.

Why it matters Landlords

Owners of 421a or stabilized buildings that offered concessions face growing class-action risk over how renewal increases were calculated.

What to do: Check that renewal increases on stabilized units are based on the preferential rent.

Not known yet

  • Which court the suit was filed in and its next steps
  • How many current and former tenants the class could include
  • Whether any tenants have filed overcharge complaints with HCR
  • Specific rent figures for the units cited in the complaint

Background

Buildings that receive the 421a tax break must keep certain apartments rent-stabilized, even at high rents. A stabilized lease can list a legal regulated rent and a lower preferential rent that the tenant actually pays. Since the 2019 rent law, renewal increases for a tenant paying a preferential rent are generally calculated on that preferential rent, using the percentages set each year by the Rent Guidelines Board. Overcharge claims can be brought in court or through New York State Homes and Community Renewal (HCR), which administers rent stabilization.

Buildings in this story

Also drawn from: Influential Brooklyn developer illegally raised rents despite tax break, lawsuit claims (Gothamist)

Summary written by Bulwark from The Real Deal · New York’s reporting. The original story is at therealdeal.com. This is general information, not legal advice.

Brooklyn, NY

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Photo: Andre Carrotflower, CC BY-SA 4.0
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