Tenant Can't Raise Untimely Rent Overcharge Claim

Landlord sued to evict rent-stabilized tenant for failing to sign a renewal lease. Landlord and tenant signed a settlement agreement in court. Eviction was delayed to allow tenant to pay back rent owed. Tenant later got an attorney and asked the court to vacate the settlement agreement. Tenant now claimed that the renewal lease offer was invalid based on fraud and rent overcharge. The court ruled against tenant. A mere suggestion of fraud wasn't enough to look back at rent history more than four years. And landlord supplied significant proof that the rent increase in question was legitimate. Tenant also was time-barred by the four-year rule from asserting a rent overcharge defense. So, eviction was delayed only for tenant to move out.

Majestic Prop. LLC v. Solymannia: Index No. 56408/17, NYLJ No. 1516670994 (Civ. Ct. Queens; 1/8/18; Kullas, J)