Court Grants Discovery for Rent Overcharge Claim Going Back to 1984

April 28, 2020

LVT Number: #30737

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $12,900. In response, tenant claimed rent overcharge after obtaining an attorney and asked for permission to amend her answer to landlord's petition. The court ruled for tenant, whose proposed defenses had merit. The apartment rent increased over 67 percent between 2018 and 2019 annual DHCR rent registrations. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) also states that a mere unexplained increase in rent may give rise to an overcharge claim.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming tenant owed $12,900. In response, tenant claimed rent overcharge after obtaining an attorney and asked for permission to amend her answer to landlord's petition. The court ruled for tenant, whose proposed defenses had merit. The apartment rent increased over 67 percent between 2018 and 2019 annual DHCR rent registrations. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) also states that a mere unexplained increase in rent may give rise to an overcharge claim. Given the lack of registration for many years, the court also found that tenant demonstrated ample need for pre-trial questioning and document production going back to 1984.

BPE Realty Owner LLC v. Garrick: Index No. 045677/2019, NYLJ No. 1583751389 (Civ. Ct. Bronx; 2/18/20; Ibrahim, J.)

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