Tenant Gets Discovery in Connection with Rent Overcharge Claim

May 25, 2020

LVT Number: #30785

Landlord sued to evict unregulated tenant for nonpayment of rent. Tenant claimed that he was rent stabilized and had been overcharged. He also asked the court for permission to conduct pretrial questioning. The court ruled for tenant. Landlord failed to explain why it didn't reregister the apartment after it was deregulated despite receipt of J-51 tax benefits. And if tenant correctly claimed rent overcharge, this was connected directly to landlord's rent nonpayment claim. Tenant showed ample need to require pre-trial production of rent history records.

Landlord sued to evict unregulated tenant for nonpayment of rent. Tenant claimed that he was rent stabilized and had been overcharged. He also asked the court for permission to conduct pretrial questioning. The court ruled for tenant. Landlord failed to explain why it didn't reregister the apartment after it was deregulated despite receipt of J-51 tax benefits. And if tenant correctly claimed rent overcharge, this was connected directly to landlord's rent nonpayment claim. Tenant showed ample need to require pre-trial production of rent history records.

327-333 E. 90 Realty LLC v. Weinstein: Index No. 65767/2019, NYLJ No. 1588002439 (Civ. Ct. NY; 4/17/20; Katz, J)

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