Landlord Entitled to Rent Control Increases

June 30, 2000

LVT Number: 14237

Landlord sued to evict rent-controlled tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. Tenant claimed that the terms of his 1971 lease froze his rent at $64 per month and that landlord couldn't collect more than that. The appeals court ruled against tenant. Tenant's lease stated only that the tenancy was subject to rent control, which implied that landlord was entitled to rent increases. Landlord had registered the apartment properly, and tenant had paid permissible rent control rent increases for 25 years.

Landlord sued to evict rent-controlled tenant for nonpayment of rent. The court ruled for landlord, and tenant appealed. Tenant claimed that the terms of his 1971 lease froze his rent at $64 per month and that landlord couldn't collect more than that. The appeals court ruled against tenant. Tenant's lease stated only that the tenancy was subject to rent control, which implied that landlord was entitled to rent increases. Landlord had registered the apartment properly, and tenant had paid permissible rent control rent increases for 25 years.

Rothchild v. Burstein: NYLJ, 6/7/00, p. 26, col. 4 (App. T.1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

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