Landlord Must Produce Rent History Records Back to 1984

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant's monthly rent was $1,575. Tenant claimed rent overcharge and asked the court for permission to conduct pre-trial questioning and require document production from landlord, including all leases and rent records for her apartment since 1984. Tenant claimed that there were many irregularities in her lease and that there were inconsistent and contradictory annual rent registration filings with the DHCR.

The court ruled for tenant. Tenant showed that there may be irregularities and discrepancies in her rent history since 1984 and that tenant raised a "colorable claim of fraud." Therefore, the four-year time limit on rent history production for overcharge claims didn't apply. Among other things, tenant's initial 2012 lease stated that she was unregulated, that her legal rent was $2,625, and that she would be charged a preferential rent of $1,575. At the same time, a rider to tenant's lease stated that the preferential rent was subject to adjustment in accordance with the Rent Stabilization Law. And while landlord identified tenant as rent stabilized in this proceeding and a prior nonpayment proceeding, DHCR rent registration records listed the apartment as exempt from rent stabilization for each year from 1984 through 2012. Landlord's 2013 registration amendments also raised questions, and landlord failed to explain the irregularities in its registration filings. 

102 Albermarle Assoc., LLC v. Mehandru: Index No. 093429/2013, NYLJ No. 1202651137762 (Civ. Ct. Kings; 4/2/14; Sikowitz, J)