1999 Rent Reduction Order Still in Effect

October 28, 2020

LVT Number: #31036

Landlord sued to evict unregulated tenant after sending a 30-day termination notice. The court ruled for landlord after holding an inquest when tenant failed to appear in court. Tenant was evicted in October 2018 but later restored to possession and the default judgment was vacated. A guardian ad litem was appointed to represent the disabled tenant. Tenant claimed that she was rent stabilized and had been overcharged. Landlord admitted in December 2019 that tenant was rent stabilized. The eviction case was dismissed, and the court ruled for tenant on the overcharge claim.

Landlord sued to evict unregulated tenant after sending a 30-day termination notice. The court ruled for landlord after holding an inquest when tenant failed to appear in court. Tenant was evicted in October 2018 but later restored to possession and the default judgment was vacated. A guardian ad litem was appointed to represent the disabled tenant. Tenant claimed that she was rent stabilized and had been overcharged. Landlord admitted in December 2019 that tenant was rent stabilized. The eviction case was dismissed, and the court ruled for tenant on the overcharge claim. There was a rent overcharge based on a 1999 rent reduction order that was still in effect. The court ordered landlord to refund $22,000, including triple damages.

615 W. 176th St. LLC v. Gately: Index No. 53439/18, NYLJ No. 1601024144 (Civ. Ct. NY; 9/21/20; Schneider, J)

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