Prior Rent History Can Be Examined

Landlord sued to evict rent-stabilized SRO tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pre-trial questioning. Specifically, tenant sought production of proof as to the nature and extent of claimed apartment improvements. At the same time, the court denied landlord's request to strike tenant's overcharge claim. Prior tenant's rent was $330 per month. The apartment was then vacant on the base rent date four years before tenant claimed overcharge. Landlord argued that tenant's $430 rent was legal. The court ruled that since the apartment was vacant on the base rent date, the court could look at rent history prior to the four-year look-back period before deciding if there was an overcharge. This was permitted under amended Rent Stabilization Code Section 2526.1(2)(ix).

30 West 130th Street Corp. v. White: Index No. L&T 250136/2014, NYLJ No. 1202671151958 (Civ. Ct. NY; 9/3/14; O-Neill-Levy, J)