Landlord Never Complied with Rent Reduction Order

August 31, 2000

LVT Number: 14381

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. In 1987, the DHCR had cut tenant's rent based on reduced services. New landlord bought the building in 1988 and never reduced the rent in accordance with the rent reduction order. Landlord claimed that it never knew about the order. Tenant never complained until landlord sued her for nonpayment. She claimed that she didn't understand the rent reduction order until recently. Landlord claimed that tenant's rent overcharge claim was barred by the four-year time limit in the Rent Stabilization Law.

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a rent overcharge. In 1987, the DHCR had cut tenant's rent based on reduced services. New landlord bought the building in 1988 and never reduced the rent in accordance with the rent reduction order. Landlord claimed that it never knew about the order. Tenant never complained until landlord sued her for nonpayment. She claimed that she didn't understand the rent reduction order until recently. Landlord claimed that tenant's rent overcharge claim was barred by the four-year time limit in the Rent Stabilization Law. Court: Tenant wins. The DHCR's 1987 rent reduction order couldn't be deemed unenforceable just because it was more than four years old. Landlord was under a continuing duty to comply with the DHCR's order.

Thelma Realty Co. v. Harvey: NYLJ, 8/23/00, p. 26, col. 3 (Civ. Ct. Kings; Pinckney, J)

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