1985 Rent Reduction Order Froze Rent Until Rent Restored in 2015

Landlord sued to evict tenant for failing to sign an unregulated renewal lease that was offered. Tenant claimed that the apartment was rent stabilized and that he was being overcharged. The court ruled for tenant. The DHCR issued a rent reduction order for the apartment in 1985. Rent wasn’t restored by the DHCR until 2015, so the rent was frozen until then even if, as landlord claimed, apartment improvements were made  before tenant moved into the apartment in 2011. Landlord also claimed that it wasn’t responsible for any rent overcharge because the building had been purchased in a judicial sale by prior landlord in 1994. But landlord didn’t show that rent records were unavailable at the time of the judicial sale. The total rent overcharge with triple damages was $140,136.

Fiya Rsd Partners LLC v. Lee: Index No. L&T 60200/15, NYLJ No. 1202757938524 (Civ. Ct. NY; 4/26/16; Milin, J)