Pending Overcharge Proceeding Can't Delay Nonpayment Case

February 7, 2012

LVT Number: #23892

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the cout to delay the case because she had an overcharge claim pending before the DHCR. The court ruled against tenant, who appealed and lost. The trial court properly awarded landlord possession and a judgment for back rent due. The court didn't have to wait for the outcome of the DHCR case, and the amount of rent due was substantially more than the amount of overcharge owed to tenant. The housing court deducted this amount from the net money judgment for landlord.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the cout to delay the case because she had an overcharge claim pending before the DHCR. The court ruled against tenant, who appealed and lost. The trial court properly awarded landlord possession and a judgment for back rent due. The court didn't have to wait for the outcome of the DHCR case, and the amount of rent due was substantially more than the amount of overcharge owed to tenant. The housing court deducted this amount from the net money judgment for landlord.

Rose v. Kulitsa: NYLJ, 1/4/12, p. 22, col. 2 (App. T. 1 Dept.; Lowe III, PJ, Shulman, Torres, JJ)

Topics

More like this