Tenant Claims No Initial Registration Filed

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord had willfully collected a rent overcharge since 1984. Tenant moved into the apartment that year and paid $250 per month. Prior tenant's registered rent was $135. Landlord also hadn't registered the apartment since tenant moved in. Landlord claimed that apartment was now registered, so tenant's overcharge claim was limited to four years prior to most recent registration. Court: A hearing was needed to determine what, if any, overcharge occurred. Tenant could refer back to prior tenant's registered rent in determining her legal rent. The court would calculate tenant's legal rent and determine overcharge damages from four years prior to the date of her court overcharge claim. The court would also rule on whether the overcharge was willful.

Gutman v. August: NYLJ, p. 32, col. 6 (5/7/97) (Civ. Ct. Kings; Baynes, J)