Document Production Needed to Determine Proper Legal Rent Calculations

July 26, 2021

LVT Number: #31502

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court to rule on that issue without trial or, alternatively, to order discovery. The court ruled for tenant in part. There remained issues that required further fact-finding, so the court couldn't rule for tenant at this point. There was ample need for pre-trial document production since landlord failed to show how the legal rent was calculated or to provide any documentation concerning apartment renovation expenses. 

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court to rule on that issue without trial or, alternatively, to order discovery. The court ruled for tenant in part. There remained issues that required further fact-finding, so the court couldn't rule for tenant at this point. There was ample need for pre-trial document production since landlord failed to show how the legal rent was calculated or to provide any documentation concerning apartment renovation expenses. 

950 Rutland Road Co. LLC v. Lord, Index No. 86944/19, 2021 NY Slip Op 50522(U), NYLJ No. 1623966063 (Civ. Ct. Kings; 12/21/20; Poley, J)

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