Landlord Didn't Prove Legal Rent

March 1, 2000

LVT Number: 13938

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for landlord. Tenant appealed and won. Landlord's late filing of a DHCR rent registration statement bars a finding of rent overcharge only if the rent collected was otherwise legal. In this case landlord didn't prove the legal rent. So the legal rent was deemed to be the monthly rent set forth in the 1992 registration statement, plus any subsequent lawful rent increases.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for landlord. Tenant appealed and won. Landlord's late filing of a DHCR rent registration statement bars a finding of rent overcharge only if the rent collected was otherwise legal. In this case landlord didn't prove the legal rent. So the legal rent was deemed to be the monthly rent set forth in the 1992 registration statement, plus any subsequent lawful rent increases.

319 West LLC v. Juan: NYLJ, 2/16/00, p. 26, col. 4 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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