Rent Demand Asked for More than Legal Rent

February 1, 1996

LVT Number: 10344

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord's demand for rent was improper because the demand was for an amount over 50-percent higher than the last registered/collected rent. The court ruled for tenant and dismissed the case. Landlord charged tenant $1,000 per month in rent. But DHCR's records showed that the last registered rent was $662. The prior tenant paid $540. So one of these amounts was the legal rent. Landlord couldn't proceed with a case where it demanded more than either of those amounts from tenant.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord's demand for rent was improper because the demand was for an amount over 50-percent higher than the last registered/collected rent. The court ruled for tenant and dismissed the case. Landlord charged tenant $1,000 per month in rent. But DHCR's records showed that the last registered rent was $662. The prior tenant paid $540. So one of these amounts was the legal rent. Landlord couldn't proceed with a case where it demanded more than either of those amounts from tenant.

Sidekicks Ridge Assoc. v. Senior: NYLJ, p. 26, col. 6 (1/31/96) (Civ. Ct. NY; Dankberg, J)

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