Nonpayment Judgment Vacated After DHCR Issues Overcharge Order

Facts: In 1987, tenant complained of a rent overcharge. The DRA ruled against tenant, and tenant appealed to the DHCR. In 1988, while tenant's PAR was pending, landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. The court ruled for landlord because the DRA's order found no overcharge and there'd been no ruling on tenant's PAR. Shortly after, the DHCR ruled for tenant, finding that there was a rent overcharge. Tenant asked the court to vacate the judgment and eviction warrant. The court refused because, by then, landlord had filed a court appeal of the DHCR's decision and the DHCR's PAR ruling was delayed by landlord's appeal. The appeals court ultimately ruled for tenant in the overcharge case. Tenant again asked the court to vacate the 1988 eviction ruling. Court: Tenant wins. Civil Practice Law and Rules section 5015(a) (5) states that a court can vacate a judgment if there's a reversal of the prior order on which the judgment is based. Landlord's claim that the overcharge decision was wrong was irrelevant now. And, it would be unjust to go ahead with the eviction and force tenant to sue landlord for the overcharge refund owed.

Yanni v. Bruce Brandwen Productions, Inc.: NYLJ, p. 34, col. 1 (12/30/93) (Civ. Ct. NY; Stallman, J)