Tenant Must Pay Rent During Landlord's Appeal of Overcharge Order
LVT Number: 8764
Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant had signed a stipulation, by which tenant agreed to pay back rent of $4,700. When tenant didn't comply with the stipulation, landlord asked the court to issue an eviction warrant. Tenant claimed that after the stipulation was signed, the DRA issued an order finding a rent overcharge. Tenant's monthly rent was reduced from $725 to $425, and landlord was ordered to pay tenant over $10,000 in overcharges. Tenant claimed that he didn't owe landlord any rent; the amount of overcharges exceeded the back rent owed. Court: Tenant must pay some rent. Landlord had appealed the DRA's order; its PAR was presently pending before the DHCR. Under the Rent Stabilization Code, the filing of landlord's PAR delayed that portion of the order directing a refund until after the PAR is decided. It didn't delay the portion of the order reducing tenant's rent to $425. So, while landlord's PAR was pending, tenant was required to pay $425 per month. He couldn't offset the refund because, as of yet, there was no final ruling on that issue by the DHCR.
3410 Kingsbridge Associates v. Martinez: NYLJ, p. 25, col. 3 (4/27/94) (Civ. Ct. Bronx; Heymann, J)