No Pre-Trial Questioning for Older Rent Records

October 28, 2020

LVT Number: #31042

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pre-trial questioning and request document production. Tenant claimed that the apartment rent was raised illegally from $677 to $1,350 in 2006-2007 and that landlord should produce records going back that far. The court ruled against tenant. The rent increase cited and the fact that tenant received leases reflecting preferential rents didn't show an indicia of fraud requiring a lookback beyond the four-year base date in this case.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pre-trial questioning and request document production. Tenant claimed that the apartment rent was raised illegally from $677 to $1,350 in 2006-2007 and that landlord should produce records going back that far. The court ruled against tenant. The rent increase cited and the fact that tenant received leases reflecting preferential rents didn't show an indicia of fraud requiring a lookback beyond the four-year base date in this case.

215 33rd St. Owner LLC v. Alvarado: Index No. 79859/19, NYJ No. 1600851474 (Civ. Ct. Kings; 9/16/20; Cohen, J)

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