Tenant Can Review Rent History Documents Predating Four-Year Base Date

Landlord sued to evict rent-stabilized tenant of 421-a building for nonpayment of rent. Tenant claimed that he had paid rent and that there were apartment conditions warranting a rent abatement. Tenant later got an attorney and asked permission to amend his answer to include a claim of rent overcharge. Tenant also sought pretrial questioning to inquire about rent history predating the four-year base date for overcharge claims.

The court ruled for tenant. Landlord registered the initial rent for the apartment as $1,250, but the first tenant paid only $723. Landlord claimed that $1,250 was the proper first rent because it was the rent established under Amendment to the HPD Regulatory Agreement for the building. Landlord said that the apartment was a homeless unit when the first tenant moved in in 2008 and that $723 was a preferential rent. Subsequent rent increases were based on the higher rent. The court found that landlord hadn’t adequately explained the difference between the rent charged to the first tenant and the rent paid. So tenant could ask for documents beyond four years because fraud may be present and because a preferential rent was involved. 

1068 Gerard Partnership LP v. Jameson: Index No. 68991/2015, NYLJ No. 1202766275932 (Civ. Ct. Bronx; 8/15/16; Asforis, J)