Landlord Not Entitled to Increased Amount

April 30, 1998

LVT Number: 12322

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant settled the case by agreeing that the monthly rent due was $218. Landlord later asked the court to restore the case to the trial calendar, claiming that the monthly rent was $360. The court ruled against landlord and imposed sanctions because it found that landlord's request was frivolous. Landlord appealed and lost. Landlord didn't get an order from the DHCR increasing the reduced rent before asking the court to restore the case to the calendar. The $500 in sanctions ordered by the court wasn't excessive.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant settled the case by agreeing that the monthly rent due was $218. Landlord later asked the court to restore the case to the trial calendar, claiming that the monthly rent was $360. The court ruled against landlord and imposed sanctions because it found that landlord's request was frivolous. Landlord appealed and lost. Landlord didn't get an order from the DHCR increasing the reduced rent before asking the court to restore the case to the calendar. The $500 in sanctions ordered by the court wasn't excessive. Landlord was now ordered to pay that amount to the court clerk.

Tedman Realty v. Alfonso: NYLJ, p. 29, col. 5 (4/3/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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