Landlord Can Subpoena Con Ed Records Predating Tenant's Occupancy

Tenant sued landlord, claiming rent overcharge and improper deregulation of his apartment. Tenant claimed that he was rent stabilized. Landlord answered that the apartment was owner-occupied between 2000 and the date tenant moved in, and had lawfully been deregulated after a period of temporary exemption from rent stabilization. The parties then engaged in pretrial questioning and document production. In March 2022, landlord stated that it had produced all documents it possessed to tenant. Landlord claimed that it had no documentation of any leases or occupancy of the apartment prior to May 8, 2015, when it bought the building. Landlord's knowledge of the prior occupancy of the apartment came solely from statements of the building super.

Tenant then asked the court to quash landlord's subpoena to Con Edison for additional apartment records, and to strike landlord's answer to the complaint. The court ruled against tenant. Tenant lacked standing to challenge a subpoena that was neither directed at tenant nor sought to obtain information belonging to or about tenant himself. The subpoena sought records from Con Edison for the period of time between 2001 and 2014, prior to tenant's occupancy and therefore didn't seek any information either provided in confidence by tenant to Con Edison or of which tenant had any conceivable property interest. The records were relevant in light of tenant's claim that the apartment's rent was last validly registered in 2000. The information landlord sought from Con Edison could be relevant. The court denied tenant's request to dismiss landlord's answer since landlord had substantially complied with tenant's discovery demands, giving tenant all documents it has in its possession and explaining why it had no other records.

Reilly v. 5504-301 E. 21st St. Manhattan LLC: Index No. 159490/2019, 2022 NY Slip Op 31435(U)(Sup. Ct. NY; 5/3/22; Kraus, J)