Landlord Must Produce Pre-Base Date Records

April 26, 2018

LVT Number: #28368

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and fraud and sought pre-trial questioning and document production going back more than four years before tenant claimed overcharge. The court ruled for tenant. Tenant moved into the apartment in 2013 at a claimed legal rent of $2,008 and a preferential rent of $860. There was no sufficient reason given for the significant indicia of fraud that warranted a look back beyond the four-year time limit on overcharge claims.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and fraud and sought pre-trial questioning and document production going back more than four years before tenant claimed overcharge. The court ruled for tenant. Tenant moved into the apartment in 2013 at a claimed legal rent of $2,008 and a preferential rent of $860. There was no sufficient reason given for the significant indicia of fraud that warranted a look back beyond the four-year time limit on overcharge claims. Tailored to a time when the fraud appeared to begin, tenant's discovery request was limited to information starting in 2005.

Marmion Assoc. LP v. Carter: Index No. 59014/17, NYLJ No. 1520984813 (Civ. Ct. Bronx; 2/21/18; Thermos, J)

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