Landlord Must Produce Documents Showing How Apartment Was Deregulated

August 28, 2023

LVT Number: #32740

Landlord sued to evict tenant. Tenant claimed rent overcharge and improper deregulation of the apartment. The court denied tenant's request for pretrial questioning since no colorable claim of fraud was claimed. Tenant asked to reargue its request, and the court changed its mind. The statute of limitations for overcharge claims didn't bar the court from looking back more than four years since tenant contested the regulatory status of the apartment. The court ordered landlord to produce documents to explain how it allegedly removed the apartment from rent stabilization.

Landlord sued to evict tenant. Tenant claimed rent overcharge and improper deregulation of the apartment. The court denied tenant's request for pretrial questioning since no colorable claim of fraud was claimed. Tenant asked to reargue its request, and the court changed its mind. The statute of limitations for overcharge claims didn't bar the court from looking back more than four years since tenant contested the regulatory status of the apartment. The court ordered landlord to produce documents to explain how it allegedly removed the apartment from rent stabilization.

Rh 507-517 W. 171 St. LLC v. Antigua: Index No. 73078/19, 2023 NYLJ LEXIS 1931 (Civ. Ct. NY; 7/21/23; Tao, J)

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