Tenant Can Conduct Pretrial Questioning on Rent Overcharge Claim

July 27, 2017

LVT Number: #27828

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but tenant later asked the court to vacate that agreement. Tenant, who wasn't represented by an attorney, said that she mistakenly failed to raise a meritorious rent overcharge defense. The court ruled for tenant, who raised questions including whether landlord properly sought rent that was more than the agreed-upon preferential rent.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, but tenant later asked the court to vacate that agreement. Tenant, who wasn't represented by an attorney, said that she mistakenly failed to raise a meritorious rent overcharge defense. The court ruled for tenant, who raised questions including whether landlord properly sought rent that was more than the agreed-upon preferential rent. The court also granted tenant's request to conduct pretrial questioning to obtain copies of rent history records to explain how the rent was increased.

Elliot Holding Co. LLC v. Gomez: Index No. 44911/2016, NYLJ No. 120278917991 (Civ. Ct. Bronx; 5/22/17; Lach,J)

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