Landlord Improperly Increased Rent-Stabilized Tenant's Rent

October 28, 2018

LVT Number: #29703

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that it was entitled to raise tenant's rent as much as it did as long as the rent increase didn't violate a ceiling of chargeable rents established by HPD for apartments within the housing project. The court disagreed and dismissed the case. Under a 2003 regulatory agreement and income certification, tenant's rent was $600 per month. Tenant's rent and any increases thereafter were subject to rent stabilization and rent guideline increases.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that it was entitled to raise tenant's rent as much as it did as long as the rent increase didn't violate a ceiling of chargeable rents established by HPD for apartments within the housing project. The court disagreed and dismissed the case. Under a 2003 regulatory agreement and income certification, tenant's rent was $600 per month. Tenant's rent and any increases thereafter were subject to rent stabilization and rent guideline increases. So tenant's current renewal lease rent was void as it contained improper and illegal rent charges.

Sheffield Cluster Dev. Corp. v. Smith: Index No. 089728/17, NYLJ No. 1537787106 (Civ. Ct. Kings; 9/6/18; Barany, J)

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