New Trial Needed to Decide Tenant's Overcharge Claim
LVT Number: #31536
Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge, based on a 2002 DHCR rent reduction order that froze the apartment rent at $800 per month.
The court ruled for tenant and found there was a total overcharge of $35,860. The court limited any overcharge refund to a 36-month period between December 2016 and the 2019 trial date because the only rent ledgers put into evidence were those offered by landlord after it purchased the building. The court also denied triple damages and found no willful overcharge, because landlord bought the building 14 years after the rent reduction order was issue.
Tenant appealed, and the case was reopened. Due to the COVID-19 pandemic, tenant had no opportunity to present proof of what rent he paid during the relevant period. And landlord didn't have a fair chance to rebut the presumption that the overcharge wasn't willful. A new trial was required in the interest of justice.
RH 582 W. 159 St. LP v. Timofeeva: Index No. 570032/21, 2021 NY Slip Op 50616(U), NYLJ No. 1625339650 (App. T. 1 Dept.; 7/1/21; McShan, JP, Briganti, Hagler, JJ)