Court Must Recalculate Rent Due

February 1, 1999

LVT Number: 12977

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord appealed, claiming that the court had miscalculated the amount of rent due. The appeals court ruled for landlord in part. Landlord claimed it had gotten an MCI rent increase from the DHCR in 1987 that should be added to tenant's rent-controlled rent. But landlord submitted no proof of this. However, landlord did show that it should get MBR increases under DHCR orders made effective in 1994 and 1996.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord appealed, claiming that the court had miscalculated the amount of rent due. The appeals court ruled for landlord in part. Landlord claimed it had gotten an MCI rent increase from the DHCR in 1987 that should be added to tenant's rent-controlled rent. But landlord submitted no proof of this. However, landlord did show that it should get MBR increases under DHCR orders made effective in 1994 and 1996.

110 Assocs., LP v. Stier: NYLJ, p. 29, col. 6 (1/11/99) (App. T. 1 Dept.; McCooe, JP, Davis, Gonzalez, JJ)

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