Rent Due to Landlord Reduced

April 1, 1996

LVT Number: 10490

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated as to what tenant owed. The trial court then reduced that amount to reflect a prior DHCR order reducing tenant's rent based on decreased services. Landlord appealed. The appeals court ruled against landlord in part. The lower court was authorized by law to adjust the stipulation to reflect the legal rent set by the DHCR. But the court made an error in calculating the reduced rent. The appeals court corrected the error and noted that tenant still owed landlord almost $10,000.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated as to what tenant owed. The trial court then reduced that amount to reflect a prior DHCR order reducing tenant's rent based on decreased services. Landlord appealed. The appeals court ruled against landlord in part. The lower court was authorized by law to adjust the stipulation to reflect the legal rent set by the DHCR. But the court made an error in calculating the reduced rent. The appeals court corrected the error and noted that tenant still owed landlord almost $10,000.

Graham Court Owners Corp. v. Allen: NYLJ, p. 25, col. 2 (3/19/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)

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