Trial Needed on Tenant's Overcharge Claim

LVT Number: #25353

Tenant sued landlord for fraud and rent overcharge, claiming that he was rent stabilized. Landlord admitted that tenant was stabilized, even though his lease stated that he was deregulated. Tenant asked the court to make a finding of rent overcharge without a trial. The court ruled against tenant, who asked for permission to reargue. Again, the court ruled against tenant. Landlord had registered the apartment as rent stabilized and offered proof that certain rent increases were based on MCI increases.

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Johnson v. S.W. Management LLC: Index No. 102034/12, NYLJ No. 1202636901483 (Sup. Ct. NY; 10/17/13; Madden, J)