Tenant's Overcharge Claim Based on 1988 Rent Increase Dismissed

October 28, 2018

LVT Number: #29706

Rent-stabilized tenant sued landlord, claiming that he had been overcharged rent since he moved into the apartment in 1988. Landlord claimed that there was no rent overcharge and argued that there was no reason to look back more than four years in response to tenant's overcharge claim. The court ruled for landlord and dismissed the case. Tenant didn't sufficiently show that there was any indicia of fraud. Tenant didn't claim there was any rent overcharge during the four-year period since the base rent date.

Rent-stabilized tenant sued landlord, claiming that he had been overcharged rent since he moved into the apartment in 1988. Landlord claimed that there was no rent overcharge and argued that there was no reason to look back more than four years in response to tenant's overcharge claim. The court ruled for landlord and dismissed the case. Tenant didn't sufficiently show that there was any indicia of fraud. Tenant didn't claim there was any rent overcharge during the four-year period since the base rent date. A rent increase 30 years ago was insufficient grounds to state an overcharge claim.

Zitman v. Sutton LLC: Index No. 6521015/2018, 2018 NY Slip Op 32192(U) (Sup. Ct. NY; 9/5/18; Bluth, J)

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