Landlord Must Produce Rent History Records

Landlord sued to evict improperly deregulated tenant of a building receiving J-51 benefits. Tenant claimed that she was rent stabilized and that there was a rent overcharge. The court and appeals court ruled that tenant was rent stabilized and sent the case back to determine the overcharge claim. The court then granted tenant’s request for pretrial questioning and document production, and denied landlord’s request to dismiss tenant’s overcharge claim. Landlord appealed and lost. Tenant demonstrated ample need for the disclosure sought in connection with her rent overcharge claim. And the appeals court had ruled that the court should review any available record of rental history necessary to set the proper base date rent.

72A Realty Associates v. Lucas: 2015 NY Slip Op 51541(U), 2015 WL 6473992 (App. T. 1 Dept.; 10/27/15; Lowe III, PJ, Schoenfeld, Ling-Cohan, JJ)