Hotel Tenant Can Question Landlord

Facts: Landlord sued to evict hotel tenant for nonpayment of rent. Tenant argued that he'd been overcharged, claiming that landlord had illegally charged him rent increases during years when it had unreasonably withheld 10 percent or more of the hotel's dwelling units from the housing market for over 30 days. Tenant asked the court's permission to question landlord before trial about these vacancies, arguing that he needed this evidence to defend against the nonpayment case. Landlord claimed that tenant couldn't conduct pretrial questioning because it isn't usually permitted in nonpayment cases. Court: Tenant wins. His defense of rent overcharge was reasonable, and the only way to resolve the dispute is to question landlord regarding alleged vacancies. Also, landlord won't be prejudiced by pretrial questioning because it will be done soon, and under court supervision. Also, as long as tenant pays use and occupancy until the case goes to trial, landlord won't be financially disadvantaged by the trial delay.

St. George Hotel Associates v. Alford: NYLJ, p. 24, col. 2 (9/28/94) (Civil Ct. Kings; Lau, J)