Trial Required on Tenant's Claim

July 31, 1997

LVT Number: 11681

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled that landlord must bring a plenary proceeding rather than a nonpayment proceeding and that tenant could raise overcharge claim there. The court found, without a trial, that tenant had been overcharged since 1992. Landlord appealed. The appeals court ruled for landlord, finding that a trial was needed to determine the facts. Tenant may have used the apartment solely for professional purposes prior to 1994.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The court ruled that landlord must bring a plenary proceeding rather than a nonpayment proceeding and that tenant could raise overcharge claim there. The court found, without a trial, that tenant had been overcharged since 1992. Landlord appealed. The appeals court ruled for landlord, finding that a trial was needed to determine the facts. Tenant may have used the apartment solely for professional purposes prior to 1994. In that case, she may not have been subject to rent stabilization for part of the claimed overcharge period. There was also a question as to whether the overcharge, if any, was willful.

Power v. Powers: NYLJ, p. 21, col. 3 (7/29/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis, JJ)

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