Tenant Didn't Give Up Right to Enforce Fair Market Rent Appeal Order

January 1, 1999

LVT Number: 12934

Tenant sued landlord to enforce a 1992 fair market rent appeal order, which reduced tenant's rent. Landlord claimed that tenant should have filed a judgment to collect the rent reduction and so had given up the right to start a court case for the money owed under the DHCR's order. The court ruled for landlord and dismissed the case. Tenant appealed, pointing out that a judgment can be filed only on a rent overcharge order, not on a fair market rent appeal. The appeals court ruled for tenant.

Tenant sued landlord to enforce a 1992 fair market rent appeal order, which reduced tenant's rent. Landlord claimed that tenant should have filed a judgment to collect the rent reduction and so had given up the right to start a court case for the money owed under the DHCR's order. The court ruled for landlord and dismissed the case. Tenant appealed, pointing out that a judgment can be filed only on a rent overcharge order, not on a fair market rent appeal. The appeals court ruled for tenant. Since tenant's filing of the judgment had been incorrect, tenant hadn't given up the right to start the court case.

3410 Kingsbridge Partners v. Atkinson: NYLJ, p. 30, col. 1 (12/24/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Gonzalez, JJ)

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