Failure to Register Current Rent Results in Dismissal of Nonpayment Case

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord's rent demand and petition were defective because the claimed rent exceeded the contract rent. Tenant also claimed rent overcharge based on inconsistent rent registrations and an unexplained rent increase. In addition, tenant argued that landlord's failure to file a proper rent registration in 2013 barred it from collecting rent in excess of the 2012 legal regulated rent. The court granted tenant's request to dismiss the case due to landlord's failure to register the current rent with the DHCR in compliance with Rent Stabilization Code Section 2528.3. This rendered landlord's petition defective and barred collection of rent sought. 

Erik James LLC v. Bruna: Index No. 53374/19, 2020 NY Slip Op 51605(U), NYLJ No. 1616515625 (Civ. Ct. Bronx; 3/1/21; Tovar, J)