Amount of Back Rent Owed Recalculated

April 30, 2001

LVT Number: 14953

Landlord sued tenant for back rent. The court ruled for landlord after allowing some setoff for rent paid. Tenant appealed. The appeals court ruled that landlord was entitled to back rent for 10 years and sent the case back to the trial court for recalculation. After the trial court recalculated the rent, tenant appealed, claiming that there was an error. The appeals court ruled for tenant. The trial court erroneously ruled that the appeals court found landlord was entitled to a 7.5 percent MCR increase for three years.

Landlord sued tenant for back rent. The court ruled for landlord after allowing some setoff for rent paid. Tenant appealed. The appeals court ruled that landlord was entitled to back rent for 10 years and sent the case back to the trial court for recalculation. After the trial court recalculated the rent, tenant appealed, claiming that there was an error. The appeals court ruled for tenant. The trial court erroneously ruled that the appeals court found landlord was entitled to a 7.5 percent MCR increase for three years. The appeals court found that landlord was entitled to rent increases only for the years that back rent was owed. So recalculation must be done in accordance with the applicable rent control regulations.

Walentas v. Johnes: NYLJ, 4/23/01, p. 22, col. 2 (App. Div.1 Dept.; Nardelli, JP, Williams, Mazzarelli, Andrias, Saxe, JJ)

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