Landlord Must Produce Pre-Base Date Records
LVT Number: #28368
Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and fraud and sought pre-trial questioning and document production going back more than four years before tenant claimed overcharge. The court ruled for tenant. Tenant moved into the apartment in 2013 at a claimed legal rent of $2,008 and a preferential rent of $860. There was no sufficient reason given for the significant indicia of fraud that warranted a look back beyond the four-year time limit on overcharge claims.
Marmion Assoc. LP v. Carter: Index No. 59014/17, NYLJ No. 1520984813 (Civ. Ct. Bronx; 2/21/18; Thermos, J)