Tenant Can't Challenge Rent Increase in Court

July 31, 2004

LVT Number: 17509

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. The court ruled for landlord. Tenant appealed and lost. The appeals court also denied tenant's request for permission to appeal to a higher court. Tenant had a pending rent overcharge complaint before the DHCR. So the lower court couldn't decide the issue of a rent overcharge. Tenant's overcharge claim was based on his objection to 1/40th apartment improvement rent increases. In court, landlord showed that it was likely to win the overcharge case.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge. The court ruled for landlord. Tenant appealed and lost. The appeals court also denied tenant's request for permission to appeal to a higher court. Tenant had a pending rent overcharge complaint before the DHCR. So the lower court couldn't decide the issue of a rent overcharge. Tenant's overcharge claim was based on his objection to 1/40th apartment improvement rent increases. In court, landlord showed that it was likely to win the overcharge case. So the court properly decided not to delay the nonpayment case until the DHCR decided the overcharge issue.

Rockaway One Co. LLC v. Wiggins: NYLJ, 7/22/04, p. 27, col. 2 (App. T. 2 Dept.; Pesce, PJ, Aronin, Patterson, JJ)

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