Court Can't Consider Old Rent Reduction Order

LVT Number: 13291

(Decision submitted by Karen Schwartz-Sidrane of counsel to the law office of Scott Gross, attorney for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered agreement by which landlord was given a judgment and agreed to make repairs. Tenant agreed to pay back rent under an agreed-upon schedule. Tenant later asked the court to reconsider the case in light of a 1985 rent reduction order for the apartment that she discovered and which, tenant argued, proved a rent overcharge. The court ruled against tenant.

(Decision submitted by Karen Schwartz-Sidrane of counsel to the law office of Scott Gross, attorney for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a court-ordered agreement by which landlord was given a judgment and agreed to make repairs. Tenant agreed to pay back rent under an agreed-upon schedule. Tenant later asked the court to reconsider the case in light of a 1985 rent reduction order for the apartment that she discovered and which, tenant argued, proved a rent overcharge. The court ruled against tenant. The Rent Stabilization Law and other applicable laws, as amended by the Rent Regulation Reform Act of 1997, bar examination of rental history more than four years prior to the date the overcharge claim is made. The DHCR's rent reduction order was part of the rental history for the apartment. So tenant couldn't base the overcharge claim on an order issued more than four years before the tenant complained.

2101 Albermarle, Inc. v. Carrington: L&T Index No. 102542/96 (4/12/99) (Civ. Ct. Kings; Wendt, J) [5-pg. doc.]

Downloads

102542-96.pdf168.53 KB