Landlord Overcharged Loft Tenant

March 1, 2004

LVT Number: 17182

Loft tenant claimed that landlord had collected a rent overcharge. The Loft Board ruled for tenant and ordered landlord to refund $14,000. Landlord appealed. Tenant's 1979 lease allowed landlord to add a cost-of-living adjustment when tenant's lease was renewed based on the Consumer Price Index (CPI). So landlord claimed that the Loft Board's decision was unreasonable. The court ruled against landlord. Once the Loft Law went into effect in 1982, landlord was barred from adding the CPI increase to tenant's rent. The Loft Board's decision was rational and based on the law.

Loft tenant claimed that landlord had collected a rent overcharge. The Loft Board ruled for tenant and ordered landlord to refund $14,000. Landlord appealed. Tenant's 1979 lease allowed landlord to add a cost-of-living adjustment when tenant's lease was renewed based on the Consumer Price Index (CPI). So landlord claimed that the Loft Board's decision was unreasonable. The court ruled against landlord. Once the Loft Law went into effect in 1982, landlord was barred from adding the CPI increase to tenant's rent. The Loft Board's decision was rational and based on the law.

Two Springs Assocs. v. NYC Loft Board: NYLJ, 2/4/04, p. 18, col. 1 (Sup. Ct. NY; Stallman, J)

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