Court Vacates Settlement Agreement Based on Potential Rent Overcharge
LVT Number: #27773
Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed over $4,300. Landlord and tenant settled the case in court by which landlord agreed to make repairs and tenant agreed to pay rent with an eviction warrant stayed. Tenant later obtained an attorney who asked the court to vacate the settlement and warrant based on tenant's unknowing waiver of a rent overcharge defense. The court ruled for tenant as he showed an arguably meritorious defense. The DHCR records showed that the apartment was last registered with the DHCR in 2005 at a monthly rent of $659. Tenant found no registration data for 2006 through 2015. A trial may be needed to determine the facts.
1775 Clay Realty LLC v. Pridgen: Index no. 55581/2016, NYLJ No. 1202784918598 (Civ. Ct. Bronx/ 4/10/17; Lutwak, J)