First Rent-Stabilized Tenant Owes $16,450 in Back Rent

August 31, 2004

LVT Number: 17554

Landlord sued rent-stabilized tenant for nonpayment of rent. The court ruled for landlord and gave landlord a judgment for $16,450 in back rent. Tenant appealed. She was the first rent-stabilized tenant of the apartment after vacancy decontrol in 1994. Tenant's monthly rent was $2,050. Tenant claimed that the rent was in excess of the fair market rent and filed a complaint with the DHCR. But tenant filed her complaint more than four years after moving into the apartment. Her DHCR complaint was dismissed as untimely.

Landlord sued rent-stabilized tenant for nonpayment of rent. The court ruled for landlord and gave landlord a judgment for $16,450 in back rent. Tenant appealed. She was the first rent-stabilized tenant of the apartment after vacancy decontrol in 1994. Tenant's monthly rent was $2,050. Tenant claimed that the rent was in excess of the fair market rent and filed a complaint with the DHCR. But tenant filed her complaint more than four years after moving into the apartment. Her DHCR complaint was dismissed as untimely. The appeals court ruled against tenant and sent the case back for a hearing on the amount of attorney's fees to be awarded to landlord.

15-19 W. 55th St. Realty Co. v. Sacco: NYLJ, 8/6/04, p. 25, col. 4 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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