Appeals Court Affirms $102,000 Rent Overcharge Award to Tenant

May 24, 2019

LVT Number: #30132

Landlord sued to evict rent-stabilized tenant, who claimed improper vacancy deregulation and rent overcharge. The court ruled for tenant and ordered landlord to refund $102,000 in overcharges. Landlord appealed and lost. The court properly looked back more than four years based on indicia of fraud. And landlord failed to prove that expenses for individual apartment improvements (IAIs) justified the full rent increase it claimed it was entitled to. 

Landlord sued to evict rent-stabilized tenant, who claimed improper vacancy deregulation and rent overcharge. The court ruled for tenant and ordered landlord to refund $102,000 in overcharges. Landlord appealed and lost. The court properly looked back more than four years based on indicia of fraud. And landlord failed to prove that expenses for individual apartment improvements (IAIs) justified the full rent increase it claimed it was entitled to. 

E. 17th LLC v. McCusker: Index No. 570796/17, NYLJ No. 1554533613 (App. T. 1 Dept.; 4/5/19; Lowe III, PJ, Schoenfeld, Shulman, JJ)

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