Landlord Can Collect Interim Increase

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant agreed to pay back rent. Tenant later asked the court to vacate the settlement agreement. She now claimed that landlord was demanding more rent than it could under a DHCR order. The court ruled against tenant. Tenant appealed and lost. Tenant's rent had been reduced based on a reduction in services. But after the rent was restored, landlord was entitled to charge prospectively the full rent that could have been charged had there been no rent freeze, including all lawful interim rent increases.

1325 Parkway Estates LLC v. Ellis: NYLJ, 2/9/01, p. 30, col. 6 (App. T.2 Dept.; Scholnick, PJ, Patterson, Golia, JJ)