Landlord Must Produce Pre-Base Date Rent History Records

September 24, 2018

LVT Number: #28648

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and that the apartment had been improperly deregulated in 2014. Tenant asked the court for permission to conduct pretrial questioning and documentation production, including production of rent history records showing how the rent-stabilized rent was increased from $653 to $1,350 between 2004 and 2005. The court ruled for tenant, finding that this rent increase led to the 2014 deregulation and therefore needed explanation.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed rent overcharge and that the apartment had been improperly deregulated in 2014. Tenant asked the court for permission to conduct pretrial questioning and documentation production, including production of rent history records showing how the rent-stabilized rent was increased from $653 to $1,350 between 2004 and 2005. The court ruled for tenant, finding that this rent increase led to the 2014 deregulation and therefore needed explanation.

Audubon Realty v. Michel: Index No. 51557/18, NYLJ No. 1534127877 (Civ. Ct. NY; 7/30/18; Capell, J)

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