Tenant Can Claim Rent Overcharge in Nonpayment Proceeding

July 27, 2017

LVT Number: #27827

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant was under a month-to-month agreement commencing Feb. 15, 2014, and landlord claimed that rent was $1,350 per month. Tenant claimed that the rent sought was more than the legally collectible rent. The apartment wasn't registered after 1984 until landlord retroactively registered the rent as rent stabilized in 2016 for the years 2010 through 2016. And landlord presented no lease records in response to tenant's claim.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant was under a month-to-month agreement commencing Feb. 15, 2014, and landlord claimed that rent was $1,350 per month. Tenant claimed that the rent sought was more than the legally collectible rent. The apartment wasn't registered after 1984 until landlord retroactively registered the rent as rent stabilized in 2016 for the years 2010 through 2016. And landlord presented no lease records in response to tenant's claim. The court granted tenant's request to add a counterclaim for rent overcharge to her answer to the eviction petition.

Amboy Benton LLC v. Schultz: Index No. 51620/16, NYLJ No. 1202789583786 (Civ. Ct. Staten Island; 4/28/17; Mundy, J)

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