Landlord Can't Increase Rent Without Court or DHCR Order

March 1, 2003

LVT Number: 16398

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord. Landlord appealed and lost. In a prior 1986 nonpayment case, the court ruled that tenant's rent was $155 per month until a court or the DHCR set a higher rent. Landlord took no further action as to tenant's rent until it demanded $9,000 in back rent in 2000. Landlord then claimed that tenant's monthly rent was $684. The DHCR issued another order in 2001 stating that tenant's rent remained $155 but that this might change if landlord filed for the establishment of a computed maximum base rent.

Landlord sued to evict tenant for nonpayment of rent. The court ruled against landlord. Landlord appealed and lost. In a prior 1986 nonpayment case, the court ruled that tenant's rent was $155 per month until a court or the DHCR set a higher rent. Landlord took no further action as to tenant's rent until it demanded $9,000 in back rent in 2000. Landlord then claimed that tenant's monthly rent was $684. The DHCR issued another order in 2001 stating that tenant's rent remained $155 but that this might change if landlord filed for the establishment of a computed maximum base rent. So landlord can't increase tenant's rent until a court or the DHCR authorizes it to do so.

Metro North Assocs., HDFC v. Adler: NYLJ, 2/6/03, p. 19, col. 6 (App. T.1 Dept.; Suarez, PJ, McCooe, Gangel-Jacobs, JJ)

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