Landlord Can't Use Prior Commercial Rent to Calculate Base Rent

March 1, 1998

LVT Number: 12171

Tenant sued landlord for a rent overcharge. Tenant moved into an apartment in April 1991 at a monthly rent of $900. Landlord based tenant's rent on the last prior rent for the apartment, which was a commercial rent for use of the apartment as a medical office. The court ruled for tenant. The rent charged a commercial tenant can't be used to calculate the base rent for the apartment. The last lawful stabilized rent charged for the apartment before the commercial tenancy was $403. This is the base rent that must be used to calculate tenant's lawful rent.

Tenant sued landlord for a rent overcharge. Tenant moved into an apartment in April 1991 at a monthly rent of $900. Landlord based tenant's rent on the last prior rent for the apartment, which was a commercial rent for use of the apartment as a medical office. The court ruled for tenant. The rent charged a commercial tenant can't be used to calculate the base rent for the apartment. The last lawful stabilized rent charged for the apartment before the commercial tenancy was $403. This is the base rent that must be used to calculate tenant's lawful rent. The court ordered a hearing to determine the lawful rent calculation for tenant.

Negron v. Goldman: NYLJ, p. 26, col. 2 (2/4/98) (Civ. Ct. NY; Ling-Cohan, J)

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