Landlord Can Seek Lawful Rent Set Forth in Current Lease Where Last Registered Rent Is Lower

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that the rent amount demanded was more than the last registered rent. The court ruled against tenant. The amount of rent sought by landlord was the amount reflected in tenant's leases, even if the registered rent was lower than the current lease amount at the time the case was commenced. Tenant's argument, that RSL Section 26-517(e) should be applied in spite of RPAPL Section 711(2) and make the rent demand and petition defective for claiming the amounts due under valid leases because the DHCR rent registration reflects a different lawful rent charged on April 1 of each registration, would produce an unreasonable result. It would also be unreasonable to freeze tenant's rent, which tenant sought as an alternative. 

Fieldbridge Assoc. LLC v. Rivers: Index No. LT-321024-23, 2023 NY Slip Op 50517(U), 82 Misc.3d 1241(A)(Civ. Ct. Kings; 4/30/24; Bacdayan, J)