Registered Rents Prove Overcharge Collected

January 1, 2002

LVT Number: 15528

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for tenant. Landlord appealed and lost. Landlord claimed that tenant's $2,300 rent was deregulated. But rent registrations showed that prior tenant's rent was $890, and landlord's apartment improvements didn't cost enough to warrant such a large rent increase. Landlord's amendment of registrations after tenant raised the overcharge claim didn't change the legal rent that was reflected in prior registrations.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled for tenant. Landlord appealed and lost. Landlord claimed that tenant's $2,300 rent was deregulated. But rent registrations showed that prior tenant's rent was $890, and landlord's apartment improvements didn't cost enough to warrant such a large rent increase. Landlord's amendment of registrations after tenant raised the overcharge claim didn't change the legal rent that was reflected in prior registrations.

Classic Equities LLC v. Garrity: NYLJ, 12/18/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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