Pending Overcharge Claim Can't Delay Nonpayment Case

January 11, 2012

LVT Number: #23856

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord asked the court to delay the eviction case while his PAR of a DHCR decision in a rent overcharge case against him was pending. The court ruled against tenant, who appealed and lost. The amount of back rent claimed due by landlord was substantially more than the amount claimed by tenant in his overcharge complaint. If tenant ultimately wins the overcharge case, he can take an offset against then-current rent or enforce the DHCR order as a judgment.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord asked the court to delay the eviction case while his PAR of a DHCR decision in a rent overcharge case against him was pending. The court ruled against tenant, who appealed and lost. The amount of back rent claimed due by landlord was substantially more than the amount claimed by tenant in his overcharge complaint. If tenant ultimately wins the overcharge case, he can take an offset against then-current rent or enforce the DHCR order as a judgment.

Rose v. Kulitsa: 34 Misc.3d 130(A), 2011 NY Slip Op 52325(U) (App. T. 1 Dept.; 12/23/11; Lowe III, PJ, Shulman, Torres, JJ)

Topics

More like this