Landlord Can't Conduct Pre-Trial Questioning in Nonpayment Case

January 1, 1997

LVT Number: 11150

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant refused to pay MBR increases, claiming that he never received any increase notices from landlord or the DHCR. Landlord asked the court for permission to question tenant before the trial. The court ruled against landlord. A nonpayment action is supposed to be an expedited proceeding. Pre-trial questioning isn't generally allowed. Since tenant denied receiving the MBR increase authorization notices, it didn't seem to serve any purpose to conduct pre-trial questioning.

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant refused to pay MBR increases, claiming that he never received any increase notices from landlord or the DHCR. Landlord asked the court for permission to question tenant before the trial. The court ruled against landlord. A nonpayment action is supposed to be an expedited proceeding. Pre-trial questioning isn't generally allowed. Since tenant denied receiving the MBR increase authorization notices, it didn't seem to serve any purpose to conduct pre-trial questioning. DHCR records would otherwise determine whether landlord was entitled to the rent increase.

Quentin Realty Co. v. Kapner: NYLJ, p. 29, col. 4 (12/18/96) (Civ. Ct. Kings; Finkelstein, J)

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