No Rent Rollback Warranted

August 31, 1995

LVT Number: 9974

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant settled by stipulation; tenant agreed to pay back rent, and landlord gave tenant a small rent abatement. The court then, on its own, reduced tenant's monthly rent because landlord didn't give prior tenant a vacancy lease rider. Landlord appealed, and the appeals court ruled for landlord. Neither tenant nor prior tenant had complained about not getting a lease rider or about rent overcharge. Landlord had registered the rent annually. It was improper for the court to roll back tenant's rent.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant settled by stipulation; tenant agreed to pay back rent, and landlord gave tenant a small rent abatement. The court then, on its own, reduced tenant's monthly rent because landlord didn't give prior tenant a vacancy lease rider. Landlord appealed, and the appeals court ruled for landlord. Neither tenant nor prior tenant had complained about not getting a lease rider or about rent overcharge. Landlord had registered the rent annually. It was improper for the court to roll back tenant's rent.

Kingsbridge Properties v. Williams: NYLJ, p. 21, col. 1 (8/18/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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