Landlord Improperly Sought Higher Rent While Rent Reduction Order in Effect

February 27, 2019

LVT Number: #29966

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord and dismissed the case. There was a DHCR rent reduction order in effect that froze tenant's legal rent at $278 per month. The DHCR had denied a rent restoration application in 2015. Yet landlord signed a settlement agreement in court with tenant in 2016, agreeing that the legal rent was $1,000 per month. Tenant properly sought to vacate the settlement agreement. 

 

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord and dismissed the case. There was a DHCR rent reduction order in effect that froze tenant's legal rent at $278 per month. The DHCR had denied a rent restoration application in 2015. Yet landlord signed a settlement agreement in court with tenant in 2016, agreeing that the legal rent was $1,000 per month. Tenant properly sought to vacate the settlement agreement. 

 

Avenue D Properties LLC v. Springer: 62 Misc.3d 1207(A), 2019 NY Slip Op 50025(U) (Civ. Ct. NY; 1/14/19; Sikowitz, J)

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