Landlord Must Present Pre-Base Date Proof of Rent History

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked for permission to conduct pre-trial questioning. Tenant sought documentation for rent charged for the apartment since 2008, which was more than four years before tenant claimed rent overcharge. Tenant moved into the apartment in 2013. The court ruled for tenant since there was a sufficient showing that landlord engaged in a fraudulent scheme to deregulate the apartment, which tainted the rent amounts registered. Landlord had registered the apartment as temporarily exempt, then as permanently exempt due to high-rent vacancy in 2006, didn’t registered in 2007 or 2008, then registered the apartment starting in 2009 as rent stabilized with a preferential rent. This raised a colorable claim of fraud to deregulate the apartment.

Rios v. Rosado: Index No. 62814/16, NYLJ No. 1202773325231 (Civ. Ct. Kings; 11/6/16; Baum, J)