Tenant Can Review Rent History Records Going Back More Than Four Years
LVT Number: #27338
Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant and landlord signed a settlement agreement in court by which tenant agreed to pay back rent and landlord agreed to make certain repairs. Tenant later got an attorney and asked the court to vacate the settlement agreement because she now understood that she had a possibly meritorious rent overcharge defense. The court ruled for tenant. While landlord claimed that tenant’s legal monthly rent was $1,300, DHCR rent registrations showed otherwise. And tenant showed ample need for pretrial questioning regarding the apartment’s rent history. Tenant also showed a colorable claim of fraud based on discrepancies in prior rent registrations, and this allowed her to view rent records beyond the four-year look-back period.
Troy Industries LLC v. Dodge: Index No. 087584/2015, NYLJ No. 1202769544584 (Civ. Ct. Kings; 9/15/16; Sikowitz, J)