Pre-Trial Questioning Needed to Determine If Apartment Was Fraudulently Deregulated

November 27, 2018

LVT Number: #29774

Landlord sued to evict tenant for nonpayment of rent. In its court papers, landlord stated that tenant was rent stabilized. But in a subsequent stipulation landlord indicated that the apartment was high-rent deregulated. Tenant asked the court for permission to conduct pre-trial questioning to determine the apartment's rent-regulatory status and whether the rent charged was legal. The court ruled for tenant, finding that there were questions of fact as to the apartment deregulation and if there was any fraudulent scheme to deregulate.

Landlord sued to evict tenant for nonpayment of rent. In its court papers, landlord stated that tenant was rent stabilized. But in a subsequent stipulation landlord indicated that the apartment was high-rent deregulated. Tenant asked the court for permission to conduct pre-trial questioning to determine the apartment's rent-regulatory status and whether the rent charged was legal. The court ruled for tenant, finding that there were questions of fact as to the apartment deregulation and if there was any fraudulent scheme to deregulate. Since there was a fraud question, tenant could request rent history records going back more than four years.

Upreal Green LLC v. Montgomerre: Index No. 050312/18, NYLJ No. 1538288181 (Civ. Ct. Kings; 9/13/18; Barany, J)

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