Landlord Made Improper Back Rent Demand

May 27, 2018

LVT Number: #28401

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court to dismiss the case. The court ruled for tenant in part. The DHCR had issued a rent reduction order for tenant's apartment in 1996, which reduced the monthly rent to $447. Landlord never submitted a rent restoration application to the DHCR, so the rent remained frozen. So, landlord claimed an improper amount in its rent demand and court papers, and the case was dismissed. But the court found no rent overcharge. Tenant appealed and lost.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court to dismiss the case. The court ruled for tenant in part. The DHCR had issued a rent reduction order for tenant's apartment in 1996, which reduced the monthly rent to $447. Landlord never submitted a rent restoration application to the DHCR, so the rent remained frozen. So, landlord claimed an improper amount in its rent demand and court papers, and the case was dismissed. But the court found no rent overcharge. Tenant appealed and lost. Tenant didn't prove that he had paid rent during the period in question in an amount greater than the reduced rent. So the lower court correctly dismiss this claim.

580-585 Realty, LLC v. Keselman: 59 Misc.3d 139(A), 2018 NY Slip Op 50580(U) (App. T. 2 Dept.; 4/13/18; Pesce, PJ, Weston, Aliotta, JJ)

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