Court Applies New Law to Limit Overcharge Finding

August 31, 1995

LVT Number: 9983

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for tenant without a trial, and landlord appealed. Landlord claimed the court had improperly calculated a rent overcharge. The appeals court ruled for landlord. The rent overcharge in question was based, at least in part, on landlord's not filing a timely initial or annual rent registration statement. The Rent Regulation Reform Act of 1993 must be applied to those facts, freezing tenant's rent only until landlord subsequently filed a late registration.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for tenant without a trial, and landlord appealed. Landlord claimed the court had improperly calculated a rent overcharge. The appeals court ruled for landlord. The rent overcharge in question was based, at least in part, on landlord's not filing a timely initial or annual rent registration statement. The Rent Regulation Reform Act of 1993 must be applied to those facts, freezing tenant's rent only until landlord subsequently filed a late registration. No triple damages apply in such a case. And if there was any additional willful overcharge, a trial was required to determine the facts. The case was sent back to the trial court for further processing.

Demetria v. Pichardo: NYLJ, p. 21, col. 1 (8/10/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)

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