Landlord Didn't Pay Rent Stabilization Fee

March 1, 1996

LVT Number: 10418

Landlord sued to evict tenant for nonpayment of rent. Tenant agreed in a stipulation to pay back rent owed by a certain date. When tenant didn't do so, landlord asked the court to rule in his favor. Tenant pointed out that in the stipulation she refused to waive her overcharge claim and any claim based on landlord's failure to pay the annual $10 registration fee under rent stabilization. Landlord had, in fact, not paid the fee for some years. Under Rent Stabilization Law, section 26-517.1(a), landlord was barred from collecting any rent increase until the fee was paid.

Landlord sued to evict tenant for nonpayment of rent. Tenant agreed in a stipulation to pay back rent owed by a certain date. When tenant didn't do so, landlord asked the court to rule in his favor. Tenant pointed out that in the stipulation she refused to waive her overcharge claim and any claim based on landlord's failure to pay the annual $10 registration fee under rent stabilization. Landlord had, in fact, not paid the fee for some years. Under Rent Stabilization Law, section 26-517.1(a), landlord was barred from collecting any rent increase until the fee was paid. So the amount of rent in the stipulation was improper. The court ordered a hearing to determine the proper rent.

Zas v. Bricard: NYLJ, p. 29, col. 5 (2/28/96) (Civ. Ct. Kings; Birnbaum, J)

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