Tenant Can't Modify Money Judgment

March 1, 2003

LVT Number: 16394

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and gave landlord a possessory judgment and a money judgment. Tenant appealed, seeking modification of the money judgment. After the court made its decision, the DHCR issued an order giving tenant a reduction in an MCI rent increase because of landlord's receipt of a J-51 tax abatement. The appeals court ruled against tenant. The DHCR order hadn't been issued when the court issued the money judgment.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and gave landlord a possessory judgment and a money judgment. Tenant appealed, seeking modification of the money judgment. After the court made its decision, the DHCR issued an order giving tenant a reduction in an MCI rent increase because of landlord's receipt of a J-51 tax abatement. The appeals court ruled against tenant. The DHCR order hadn't been issued when the court issued the money judgment. And the DHCR order stated that landlord could make the refund due tenant in one lump sum or in equal installments over 12 months.

Obman v. Bell: NYLJ, 2/6/03, p. 19, col. 6 (App. T.1 Dept.; Suarez, PJ, McCooe, Gangel-Jacobs, JJ)

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