Tenant Can Conduct Pretrial Questioning

July 31, 2009

LVT Number: #22067

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed over $4,600 and that her legal rent was $1,150 per month. Tenant claimed a rent overcharge and asked the court for permission to conduct pretrial questioning. The court ruled for tenant, who showed ample need for the requested information. The prior tenant’s rent was $643 per month, and tenant’s lease provided no explanation of the rent increase.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed over $4,600 and that her legal rent was $1,150 per month. Tenant claimed a rent overcharge and asked the court for permission to conduct pretrial questioning. The court ruled for tenant, who showed ample need for the requested information. The prior tenant’s rent was $643 per month, and tenant’s lease provided no explanation of the rent increase. Any documentation that would support the rent increase would be solely in landlord’s possession, and was directly related to landlord’s demand for rent payment in the amount sought.

1514 West 8th St. Owner LLC v. Herrera: NYLJ, 7/22/09, p. 26, col. 3 (Civ. Ct. Kings; Chin, J)

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