Court Grants Discovery for Rent Overcharge Claim Going Back to 1984
LVT Number: #30737
Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $12,900. In response, tenant claimed rent overcharge after obtaining an attorney and asked for permission to amend her answer to landlord's petition. The court ruled for tenant, whose proposed defenses had merit. The apartment rent increased over 67 percent between 2018 and 2019 annual DHCR rent registrations. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) also states that a mere unexplained increase in rent may give rise to an overcharge claim.
BPE Realty Owner LLC v. Garrick: Index No. 045677/2019, NYLJ No. 1583751389 (Civ. Ct. Bronx; 2/18/20; Ibrahim, J.)