Court Permits Review of Pre-Base Date Rent History

August 24, 2018

LVT Number: #28603

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and rent fraud warranting review of the apartment's rent history going back more than four years. The court agreed and granted tenant's request for pre-trial questioning and document production. Fluctuations in the apartment's rent history prior to the base rent date indicated fraud and warranted review of rent history records going back more than four years before tenant raised his overcharge claim.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and rent fraud warranting review of the apartment's rent history going back more than four years. The court agreed and granted tenant's request for pre-trial questioning and document production. Fluctuations in the apartment's rent history prior to the base rent date indicated fraud and warranted review of rent history records going back more than four years before tenant raised his overcharge claim. A "suspicious" rent increase took place in 2008 when the legal regulated rent went from $649 to $2,331 without explanation. 

La Casa Nuestra HDFC v. Harris: Index No. LT-251783/17, NYLJ No. 1531642660 (Civ. Ct. NY; 6/15/18; James, J)

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