New Trial Required to Determine Hotel Tenant's Rent

December 1, 2005

LVT Number: 18526

Landlord sued to evict hotel-stabilized tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. The court ruled for landlord, and tenant appealed. The court had ruled that landlord was entitled to collect a first rent when tenant moved from one apartment to another in the building. The appeals court disagreed and ruled for tenant. Tenant changed apartments at landlord's request and remained rent stabilized. The case was sent back for a new trial on the amount of the legal regulated rent and whether there was any overcharge.

Landlord sued to evict hotel-stabilized tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. The court ruled for landlord, and tenant appealed. The court had ruled that landlord was entitled to collect a first rent when tenant moved from one apartment to another in the building. The appeals court disagreed and ruled for tenant. Tenant changed apartments at landlord's request and remained rent stabilized. The case was sent back for a new trial on the amount of the legal regulated rent and whether there was any overcharge.

143 E. 30th St. Corp. v. Shankman: NYLJ, 11/28/05, p. 23, col. 5 (App. T. 1 Dept.; Suarez, PJ, McCooe, Davis, JJ)

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