Case Delayed Pending Ruling on Tenant's Fair Market Rent Appeal

Facts: Tenant moved into an apartment in 1995 under a one-year lease at a monthly rent of $2,800. The lease stated that the apartment was deregulated because of a vacancy, followed by a monthly rent of $2,000 or more. Four years later, tenant filed a fair market rent appeal, claiming that the apartment had never been properly deregulated in the first place. Landlord then sued to evict tenant after refusing to renew his lease. Landlord claimed that there were no issues of fact to be tried. Court: Landlord loses. Landlord deregulated the apartment under the luxury decontrol law in effect in 1994, but didn't show that the apartment's legal regulated rent was at least $2,000 per month at the time of deregulation. So there were questions of fact raised with respect to the 1994 rent and whether the apartment was legally deregulated. A trial was required. But the case was delayed pending the outcome of tenant's fair market rent appeal.

327 Central Park West v. Vincent: NYLJ, 6/28/00, p. 28, col. 6 (Civ. Ct. NY; Rodriguez, J)