Legal Regulated Rent Not Yet Established

August 31, 2002

LVT Number: 16081

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord collected a rent overcharge. The court ruled for landlord. Tenant appealed and won. Landlord had added a sixth apartment to the building in 1992, so the building was now rent stabilized. Landlord hadn't yet registered the building with the DHCR. So tenant's legal regulated rent wasn't yet established. This made landlord's claim for back rent premature. And once the legal regulated rent was registered, tenant might have an overcharge claim.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord collected a rent overcharge. The court ruled for landlord. Tenant appealed and won. Landlord had added a sixth apartment to the building in 1992, so the building was now rent stabilized. Landlord hadn't yet registered the building with the DHCR. So tenant's legal regulated rent wasn't yet established. This made landlord's claim for back rent premature. And once the legal regulated rent was registered, tenant might have an overcharge claim.

Commercial Hotel, Inc. v. White: NYLJ, 8/6/02, p. 20, col. 4 (App. T.2 Dept.; Aronin, JP, Patterson, Golia, JJ)

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