Overcharge Exceeds Rent Owed

September 30, 1995

LVT Number: 9042

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. During the appeal, the DHCR issued an order finding that landlord had collected a rent overcharge of approximately $25,600. The appeals court sent the case back to the trial court to determine if the overcharge amount exceeded the rent amount owed by tenant. Landlord then appealed the DHCR's overcharge ruling, and the case was sent back to the DHCR. Based on this development, landlord asked the appeals court to reverse its decision.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. During the appeal, the DHCR issued an order finding that landlord had collected a rent overcharge of approximately $25,600. The appeals court sent the case back to the trial court to determine if the overcharge amount exceeded the rent amount owed by tenant. Landlord then appealed the DHCR's overcharge ruling, and the case was sent back to the DHCR. Based on this development, landlord asked the appeals court to reverse its decision. The court adhered to its original view that landlord can't evict tenant if the amount of rent overcharges exceeds the amount of rent due. The court directed the trial court to consider the DHCR's final ruling once it's issued.

ANF Company v. Senhouse: NYLJ, p. 21, col. 1 (8/10/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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