Rent Frozen at 1999 Rate

August 31, 2009

LVT Number: #22117

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed $3,058, at $430 per month for each month claimed due. Tenant asked the court to dismiss the case. The court ruled for tenant. Tenant showed that landlord’s rent demand actually broke down to $705 per month, not $430. Tenant also showed that he was approved, renewed, and recertified for a Disability Rent Increase Exemption (DRIE), which froze his rent at $617 per month. Landlord also had failed to register the apartment with the DHCR since 1999.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed $3,058, at $430 per month for each month claimed due. Tenant asked the court to dismiss the case. The court ruled for tenant. Tenant showed that landlord’s rent demand actually broke down to $705 per month, not $430. Tenant also showed that he was approved, renewed, and recertified for a Disability Rent Increase Exemption (DRIE), which froze his rent at $617 per month. Landlord also had failed to register the apartment with the DHCR since 1999. The last legal registered rent was $560, so landlord was allowed to collect only this amount. When recalculated, tenant owed no rent. In fact, he had overpaid by $400.

Bee Vista Realty Corp. v. Brunilda: NYLJ, 8/20/09, p. 29, col. 1 (Civ. Ct. Kings; Finkelstein, J)

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