Court Reduces Tenant's Rent to Amount of Last Properly Registered Rent

October 25, 2016

LVT Number: #27266

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant. Landlord failed to properly register the apartment with the DHCR and increased tenant’s rent more than allowed by the Rent Guidelines Board. Landlord also failed to properly renew tenant’s lease over the course of two lease renewals. So, landlord was barred from collecting more than $1,000 per month between December 2005 and August 2015. This was the legal regulated rent in effect on the date of the last proper rent registration.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge. The court ruled for tenant. Landlord failed to properly register the apartment with the DHCR and increased tenant’s rent more than allowed by the Rent Guidelines Board. Landlord also failed to properly renew tenant’s lease over the course of two lease renewals. So, landlord was barred from collecting more than $1,000 per month between December 2005 and August 2015. This was the legal regulated rent in effect on the date of the last proper rent registration. The case was sent back to the court to determine how much rent overcharge was collected.

 

 

 

 

121 Post Avenue LLC v. Rosario: Index No. 87966/2015, NYLJ No. 1202768604797 (Civ. Ct. NY; 9/6/16; Stoller, J)

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