Tenant Can Raise Overcharge Claim in Nonpayment Proceeding

September 30, 1993

LVT Number: 8230

(Decision submitted by David Frazer of the Manhattan law firm of Smollens Guralnick & Frazer, attorneys for the tenant.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord had collected a rent overcharge. Landlord pointed out that tenant didn't raise any overcharge claim in a prior nonpayment case settled by court stipulation last year. The court ruled that tenant could raise the overcharge issue here. Tenant didn't have any overcharge complaint pending before the DHCR.

(Decision submitted by David Frazer of the Manhattan law firm of Smollens Guralnick & Frazer, attorneys for the tenant.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord had collected a rent overcharge. Landlord pointed out that tenant didn't raise any overcharge claim in a prior nonpayment case settled by court stipulation last year. The court ruled that tenant could raise the overcharge issue here. Tenant didn't have any overcharge complaint pending before the DHCR. And the fact that tenant didn't raise the issue in the last nonpayment case didn't bar tenant from raising the issue this time. Tenant never admitted that there was no overcharge.

Janhone Realty Co. v. Schoultz: NYLJ, p. 22, col. 5 (9/1/93) (Civ. Ct. NY; Shafer, J)

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