Rent Frozen at 1985 Level for Failure to Register

August 31, 1998

LVT Number: 12619

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $500 per month for the months of September 1997 through July 1998. Tenant claimed that the legal rent was $360 per month, which was the legal registered rent in 1985. Tenant submitted to the court rent registration records showing that the rent-stabilized apartment wasn't registered for the years 1986, 1987, and 1988. The court ruled for tenant. The Rent Stabilization Law bars collection of rent increases by landlords that haven't properly filed annual rent registration statements on time.

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $500 per month for the months of September 1997 through July 1998. Tenant claimed that the legal rent was $360 per month, which was the legal registered rent in 1985. Tenant submitted to the court rent registration records showing that the rent-stabilized apartment wasn't registered for the years 1986, 1987, and 1988. The court ruled for tenant. The Rent Stabilization Law bars collection of rent increases by landlords that haven't properly filed annual rent registration statements on time. So tenant's legal rent was still $360. Since the total amount of rent demanded by landlord was more than $1,600 greater than the legal rent, the case was dismissed.

Kirschbaum v. Martinez: NYLJ, p. 22, col. 3 (8/19/98) (Civ. Ct. NY; Callender, J)

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