Landlord Overcharged Improperly Deregulated Tenant in J-51 Building

LVT Number: #30090

Landlord sued to evict tenant, claiming that tenant was unregulated. Tenant claimed that he was rent stabilized and that landlord had overcharged him. The court ruled for tenant, dismissed the case, and awarded tenant $102,000 for rent overcharge. Landlord appealed and lost. The trial court properly looked back more than four years to establish a proper base rent since there was sufficient indicia of landlord fraud. Landlord had increased the rent from $604 to $1,627 in 2006, and ceased filing annual rent registrations between 2000 and 2005.

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East 17th LLC v. McCusker: 63 Misc.3d 134(A), 2019 NY Slip Op 50469(U) (App. T. 1 Dept.; 4/5/19; Shulman, PJ, Ling-Cohan, Edmead, JJ)