Court Applies HSTPA Amendments to Rent Overcharge Claim in Pending Case

October 23, 2019

LVT Number: #30425

Landlord sued to evict SRO tenant for nonpayment of rent. Tenant claimed rent overcharge and breach of the warranty of habitability. The court ruled for tenant. Landlord's failure to register the apartment barred it from collecting any rent in excess of the legal regulated rent in effect on the date of the last preceding registration statement. The last annual rent registration for the unit was filed in 2005 at a monthly rent of $100. And the DHCR amended Rent Stabilization Code Section 2526.1(a)(2)(ix) in January 2014 to permit examination of rent histories before the base date.

Landlord sued to evict SRO tenant for nonpayment of rent. Tenant claimed rent overcharge and breach of the warranty of habitability. The court ruled for tenant. Landlord's failure to register the apartment barred it from collecting any rent in excess of the legal regulated rent in effect on the date of the last preceding registration statement. The last annual rent registration for the unit was filed in 2005 at a monthly rent of $100. And the DHCR amended Rent Stabilization Code Section 2526.1(a)(2)(ix) in January 2014 to permit examination of rent histories before the base date. In addition, the Housing Stability and Tenant Protection Act amended the RSL effective June 14, 2019, to extend the look-back period for "pending" claims. The court ruled for tenant and found a total overcharge of $21,870, including triple damages.

Triumph Baptist Church, Inc. v. Anderson: 64 Misc.3d 1238(A), 2019 NY Slip Op 51454(U) (Civ. Ct. NY; 9/12/19; Stoller, J)

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