Court Can Decide Legal Rent

April 1, 1993

LVT Number: 6859

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the legal rent-stabilized rent was lower than the rent charged by landlord. Landlord admitted that he sought more rent than the amount last registered. But landlord claimed that only the DHCR could rule on the issue of whether the amount of rent he charged tenant exceeded the legal rent. The court ruled that it also has the authority to determine the legal rent---especially where there's no pending complaint before the DHCR.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the legal rent-stabilized rent was lower than the rent charged by landlord. Landlord admitted that he sought more rent than the amount last registered. But landlord claimed that only the DHCR could rule on the issue of whether the amount of rent he charged tenant exceeded the legal rent. The court ruled that it also has the authority to determine the legal rent---especially where there's no pending complaint before the DHCR.

Sabloff v. Jimenez: NYLJ, p. 24, col. 4 (3/31/93) (Civ. Ct. Kings; Gische, J)

Topics

More like this