Tenant Can Conduct Pretrial Questioning on Rent Overcharge and Fraud Claims

November 29, 2017

LVT Number: #28063

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and fraud by landlord, and asked the court for permission to conduct pretrial question and document requests. Tenant claimed that this was needed to prove her overcharge claim, since landlord failed to give her a rent-stabilized lease. The court ruled for tenant. Tenant showed that there was sufficient irregularities or discrepancies to suggest the possibility of fraud with respect to the apartment's registration and the amount of rent charged. 

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and fraud by landlord, and asked the court for permission to conduct pretrial question and document requests. Tenant claimed that this was needed to prove her overcharge claim, since landlord failed to give her a rent-stabilized lease. The court ruled for tenant. Tenant showed that there was sufficient irregularities or discrepancies to suggest the possibility of fraud with respect to the apartment's registration and the amount of rent charged. 

Ralph 110, Corp. v. Prezille: Index No. 91198/2016, NYLJ No. 1202800811266 (Civ. Ct. Kings; 9/14/17; Sikowitz, J)

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