Landlord Never Registered Rent

Facts: Landlord sued to evict month-to-month tenant, whose rent was $2,000 per month. Tenant claimed she was subject to rent stabilization and had been overcharged. The court ruled for tenant and ordered a separate case to determine the amount of the overcharge. The apartment was last registered in 1988 at $500 per month. After that, landlord claimed it was owner-occupied until tenant moved in. Landlord claimed that there was no overcharge if the four-year time limit on rent overcharge claims was strictly applied to tenant's claim. Landlord asked the court to dismiss the case without a trial. Court: Landlord loses. Since there was no rent in any amount registered four years before tenant's overcharge complaint was raised, the four-year time limit hadn't yet started. Under the Rent Stabilization Code, the amount of the current legal rent could be calculated by taking the last registered rent from 1988 and calculating rent guidelines increases over that amount for the years that the apartment was owner-occupied. A trial was needed to determine how long the apartment was owner-occupied and some other facts.

Myers v. Frankel: NYLJ, p. 28, col. 5 (10/14/98) (Civ. Ct. Kings; Reichbach, J)