Rent-Stabilized Tenant Can't Prove Fraud

May 25, 2019

LVT Number: #30136

Landlord sued to evict tenant, who claimed rent overcharge. The court granted landlord's request to dismiss tenant's overcharge claim. Tenant appealed and lost. Assuming the apartment was rent stabilized, there was no overcharge during the four years prior to tenant's overcharge claim. Tenant had lived in the apartment since before the base date and failed to set forth sufficient indicia of fraud to require consideration of the apartment's rent history before the base date.

Landlord sued to evict tenant, who claimed rent overcharge. The court granted landlord's request to dismiss tenant's overcharge claim. Tenant appealed and lost. Assuming the apartment was rent stabilized, there was no overcharge during the four years prior to tenant's overcharge claim. Tenant had lived in the apartment since before the base date and failed to set forth sufficient indicia of fraud to require consideration of the apartment's rent history before the base date. Tenant claimed that landlord incorrectly applied a 2004 vacancy increase and MCI rent hike, but this wasn't enough to show a colorable claim of fraud. Tenant's rent overcharge claim was properly dismissed.

Spatz v. Valle: 63 Misc.3d 134(A), 2019 NY Slip Op 50452(U) (App. T. 1 Dept.; 4/2/19; Shulman, PJ, Ling-Cohan, Edmead, JJ)

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