Rent Overcharge Exceeds Amount Due Landlord

March 1, 1994

LVT Number: 8619

Landlord sued to evict tenant for nonpayment of rent. In May 1992, landlord and tenant settled by stipulation. Tenant agreed to pay back rent. Later, tenant wasn't paying, and landlord asked the trial court to enforce the stipulation and issue an eviction warrant. The trial court ruled for landlord, and tenant appealed. Since the time of signing the 1992 stipulation, the DHCR had decided an appeal on tenant's rent overcharge claim. The DHCR ruled that landlord owed tenant over $25,000 in rent overcharges. In light of this DHCR order, the appeals court ruled for tenant.

Landlord sued to evict tenant for nonpayment of rent. In May 1992, landlord and tenant settled by stipulation. Tenant agreed to pay back rent. Later, tenant wasn't paying, and landlord asked the trial court to enforce the stipulation and issue an eviction warrant. The trial court ruled for landlord, and tenant appealed. Since the time of signing the 1992 stipulation, the DHCR had decided an appeal on tenant's rent overcharge claim. The DHCR ruled that landlord owed tenant over $25,000 in rent overcharges. In light of this DHCR order, the appeals court ruled for tenant. Landlord owed tenant more in rent overcharges than tenant owed landlord under the nonpayment stipulation. The court sent the case back to adjust the stipulation to reflect that tenant owed landlord nothing.

ANF Company v. Senhouse: NYLJ, p. 28, col. 2 (2/28/94) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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