Tenant Claims Rent Overcharge

June 30, 2011

LVT Number: #23456

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord argued that it wasn't responsible for any overcharge that may have been collected by prior landlord. The court ruled against landlord. DHCR records showed that the apartment rent had tripled within one year,which should have warned landlord that there was a potential overcharge issue. And landlord presented no proof of any individual apartment improvements or MCIs that could have been grounds for a legal rent increase.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a rent overcharge. Landlord argued that it wasn't responsible for any overcharge that may have been collected by prior landlord. The court ruled against landlord. DHCR records showed that the apartment rent had tripled within one year,which should have warned landlord that there was a potential overcharge issue. And landlord presented no proof of any individual apartment improvements or MCIs that could have been grounds for a legal rent increase. Landlord was responsible for rent overcharges collected from tenant, in an amount to be determined by the court.

Pinnacle Hamilton LLC v. Moumount: Index No. 77269/09, NYLJ No. 1202497073124 (Civ. Ct. NY; 5/24/11; Schreiber, J)

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