Landlord Didn't Comply with Rent Reduction Order

September 30, 2000

LVT Number: 14447

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The DHCR had issued a rent reduction order in 1994, but landlord never reduced tenant's rent. Landlord claimed that tenant's overcharge claim was barred by the rent stabilization law's four-year time limit. The court ruled against landlord. Landlord can't use the law to prevent enforcement of a DHCR order that it didn't comply with.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. The DHCR had issued a rent reduction order in 1994, but landlord never reduced tenant's rent. Landlord claimed that tenant's overcharge claim was barred by the rent stabilization law's four-year time limit. The court ruled against landlord. Landlord can't use the law to prevent enforcement of a DHCR order that it didn't comply with.

Merrick Realty LLC v. Davis: NYLJ, 9/20/00, p. 33, col. 4 (Civ. Ct. Queens; Brown, J)

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