Landlord Must Produce Rent History Documents

Tenant sued landlord, claiming rent overcharge, improper deregulation of a rent-stabilized apartment, and fraud. Landlord, in turn, claimed nonpayment of rent. Tenant asked the court to dismiss landlord's defenses, which landlord argued was a premature request. The court ruled against tenant. Landlord should be permitted to complete a response to pretrial questioning and document demand. DHCR rent registration records revealed little about the apartment's rent history since the apartment was largely unregistered, beyond an initial 1984 registration with no rent amount listed, registration was temporarily exempt some years as owner occupied, and a 1997 exit registration listed the apartment as permanently exempt. And tenant hadn't asked landlord to produce leases. Landlord's noncompliance to date with discovery demands was excused, and both sides were directed to appear for a court conference.

Tovar v. Adam's Tower LP: Index No. 150776/2017, 2018 NY Slip Op 31234(U) (Sup. Ct. NY; 6/18/18; Cannataro, J)