Landlord Needn't Give Tenant New Lease Reflecting Lawful Rent
LVT Number: 17621
Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, but landlord and apartment occupant signed a settlement agreement. Landlord agreed to accept occupant as tenant and gave her a two-year rent-stabilized lease with a monthly rent of $1,000. New tenant agreed to pay rent. When tenant later didn't pay, landlord sought her eviction. Tenant then asked the court to delay eviction and extend the time for her to pay back rent. Tenant also claimed that her lease was for an illegal rent amount. She asked the court to direct landlord to give her a new lease reflecting the lawful rent. The court ruled against landlord. Landlord and tenant had agreed to the lease, and tenant knew how much rent prior tenant paid. If tenant believed there was an overcharge, she could file a complaint with the DHCR. In the meantime, landlord needn't give tenant a new lease.
East Sterling Realty v. Abel: NYLJ, 9/1/04, p. 19, col. 1 (Civ. Ct. Kings; Heymann, J)