Earlier Base Date Set Due to Late Registration

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord had collected a rent overcharge. Tenant argued that the registered rent for 1988 was 47 percent higher than the 1987 rent. The lawful increase was only 16 percent. Landlord argued that the 1988 registered rent couldn't be challenged; this was the base rent registered four years ago. The court ruled for tenant. Landlord's 1988 registration wasn't filed until January 1989, less than four years before the 1992 registration. The 1987 registration, filed in August 1987, was the statement filed four years before the 1992 registration. Land- lord's late filing of the registration doesn't bar tenant from claiming that landlord collected an overcharge after the 1987 base date. Landlord must still show that the rent increases between the 1987 registration and the late-filed registration statement were lawful. The base rent in this case is the 1987 registered rent.

178 Realty Assoc. v. Rivera: NYLJ, p. 24, col. 4 (11/3/93) (Civ. Ct. Kings; Friedman, J)