Court Permits Discovery of Rent History Records Going Back 23 Years

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pretrial questioning. The court ruled for tenant. Tenant, after obtaining an attorney, could amend her answer to claim rent overcharge, since an overcharge claim may be filed at any time and the claim didn't surprise or prejudice landlord. Tenant also showed the need for pretrial questioning and document discovery. There was an unexplained 43 percent increase in the apartment rent between the 1996 and 1997 DHCR rent registrations. This resulted in an unreliable registration. Although landlord objected to the production of rent history information going back 23 years, the Housing Stability and Tenant Protection Act of 2019 amended the Rent Stabilization Law to now permit review of rent history documentation going back more than the six-year time limit for rent overcharge claims. 

699 Venture Corp. v. Zuniga: Index No. 19533/2019, 2019 NY Slip Op 29200 (Civ. Ct. Bronx; 7/1/19; Bacdayan, J)