Case Reopened to Permit Proof for Setting Base Rent Under Default Formula

September 27, 2020

LVT Number: #30990

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed improper deregulation of a rent-stabilized apartment and rent overcharge. The trial court ruled for tenant, finding that the base date rent was affected by a fraudulent scheme to deregulate the apartment and that the overcharge was willful. The trial court's decision was issued before New York's highest court ruled in its April 2020 Regina Metro. v. DHCR decision that the rent must be established by application of the default formula.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed improper deregulation of a rent-stabilized apartment and rent overcharge. The trial court ruled for tenant, finding that the base date rent was affected by a fraudulent scheme to deregulate the apartment and that the overcharge was willful. The trial court's decision was issued before New York's highest court ruled in its April 2020 Regina Metro. v. DHCR decision that the rent must be established by application of the default formula. So the court ruled that the trial must be reopened to permit landlord and tenant to present additional proof relevant to the default formula.

St. Nicholas 24 LLC v. Chavez-Luzan: Index No. 64158/16, NYLJ No. 1596361168 (Civ. Ct. NY; 7/13/20; Schneider, J)

Topics

More like this