Condo Tenant Agreed to Rent Hike in Prior Court Case

August 31, 2007

LVT Number: #19825

Landlord condominium owner sued to evict nonpurchasing tenant for nonpayment of rent. Landlord claimed that monthly rent was $2,550. Tenant claimed that the rent was $2,195 and that there was no agreement to pay the higher amount claimed. Tenant also claimed that, under the Martin Act, his rent wasn't subject to "unconscionable" increases. The court ruled for landlord. Tenant appealed and lost. In a prior nonpayment proceeding, the court had ruled after a jury trial that the fair rent for tenant's apartment was $2,550.

Landlord condominium owner sued to evict nonpurchasing tenant for nonpayment of rent. Landlord claimed that monthly rent was $2,550. Tenant claimed that the rent was $2,195 and that there was no agreement to pay the higher amount claimed. Tenant also claimed that, under the Martin Act, his rent wasn't subject to "unconscionable" increases. The court ruled for landlord. Tenant appealed and lost. In a prior nonpayment proceeding, the court had ruled after a jury trial that the fair rent for tenant's apartment was $2,550. So tenant can't deny that there was an agreement to pay $2,550 per month, and landlord was entitled to this amount.

Snedon v. Greene: NYLJ, 8/14/07, p. 38, col. 5 (App. T. 2 Dept.; Rudolph, PJ, McCabe, Tanenbaum, JJ)

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