1989 Rent Reduction Order Froze Tenant's Monthly Rent at $278

August 22, 2018

LVT Number: #28590

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and pointed out that a 1989 DHCR rent reduction order was still in effect since a 1994 rent restoration application had been denied. Tenant's rent therefore was frozen at $278. Landlord argued that tenant had agreed in a stipulation signed in a prior court case in 2015 that the legal rent was $1,000 per month. The court ruled for tenant and dismissed the case. Any agreement tenant signed that set the rent in an amount above the legal collectible rent was void.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and pointed out that a 1989 DHCR rent reduction order was still in effect since a 1994 rent restoration application had been denied. Tenant's rent therefore was frozen at $278. Landlord argued that tenant had agreed in a stipulation signed in a prior court case in 2015 that the legal rent was $1,000 per month. The court ruled for tenant and dismissed the case. Any agreement tenant signed that set the rent in an amount above the legal collectible rent was void.

Avenue D Properties v. Baker: Index No. 97201/17, NYLJ No. 1532330048 (Civ. Ct. Kings; 7/13/18; Sikowitz, J)

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