Tenant Claims Renewal Lease Improper Based on Inconsistencies with Rent Registrations

Landlord sued to evict rent-stabilized tenant for failing to renew a timely offered renewal lease. Tenant claimed that the renewal lease offered was improper because the registered rent history of the apartment showed illegal rent increases taken in a fraudulent scheme to remove the apartment from rent stabilization. She also claimed that she wasn’t given a rent stabilization rider explaining how her rent was calculated. Tenant asked the court for permission to conduct pre-trial questioning concerning the rent history, going back more than four years. Landlord asked the court to strike tenant’s defenses. The court ruled for tenant and against landlord. There were inconsistencies in the DHCR rent registrations from 2007 through 2010. And prior leases for the apartment showed inconsistencies with the registrations. These inconsistencies presented a question as to whether fraud was perpetrated, so landlord must produce rent records beyond the four-year time limit for rent overcharge claims.

700 Bklyn Realty LLC v. Forsythe: Index No. L&T68197/2016, NYLJ No. 1202770649099 (Civ. Ct. Kings; 10/13/16; Kuzniewski, J)