Court Permits Discovery of Rent Records Back to 2006
LVT Number: #33337
Landlord sued to evict unregulated tenant for nonpayment of rent based on tenant's failure to pay monthly rent of $3,200. Tenant, represented by counsel, claimed that the building didn't have a proper certificate of occupancy, that he had been constructively evicted from the apartment, that the unit was improperly deregulated, and that there was a rent overcharge. Tenant asked the court to permit pretrial questioning through document demands to landlord for rent history records dating back over 20 years, to 2001.
The court approved more limited discovery, since tenant's answer to the nonpayment petition was insufficient to properly raise a colorable claim of fraud and noting that tenant did not even use the word "fraud" in his answer. The court ruled that discovery was warranted from 2006 forward, not for the purpose of calculating an overcharge, but only for the purpose of tenant's challenge to the claimed deregulated status of the apartment. Meanwhile, the court denied landlord's request for payment of use and occupancy while the case was pending.
208 Evergreen LLC v. Gomez: Index No. LT-333843-23, 2024 NY Slip Op 23202 (Civ. Ct. Kings; 7/23/24; Bacdayan, J)