Nonpayment Proceeding Delayed

January 1, 1994

LVT Number: 8455

Landlord sued, in civil court, to evict rent-stabilized tenant for nonpayment of rent. Tenant then asked the state supreme court to stop landlord from proceeding with the eviction action until the DHCR decided her pending rent overcharge complaint. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Tenant was likely to win the overcharge case because landlord didn't give her notice of the initial fair market rent. The nonpayment action was delayed until the DHCR ruled on the overcharge claim.

Landlord sued, in civil court, to evict rent-stabilized tenant for nonpayment of rent. Tenant then asked the state supreme court to stop landlord from proceeding with the eviction action until the DHCR decided her pending rent overcharge complaint. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Tenant was likely to win the overcharge case because landlord didn't give her notice of the initial fair market rent. The nonpayment action was delayed until the DHCR ruled on the overcharge claim. In the meantime, tenant was ordered to pay $1,000 in monthly use and occupancy and to post a $12,000 bond.

Reynolds v. NYS DHCR: NYLJ, p. 26, col. 4 (12/6/93) (App. Div. 1 Dept.; Sullivan, JP, Carro, Rosenberger, Ross, Asch, JJ)

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