Tenant Entitled to Prejudgment Interest

June 30, 2000

LVT Number: 14203

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord should pay prejudgment interest on a fair market rent appeal award that tenant had gotten from the DHCR. Landlord argued that the Rent Stabilization Law didn't provide for interest on fair market rent appeal refunds. The court ruled for tenant. Tenant could still recover the interest payment for breach of her lease. Since tenant had to raise the claim in response to the nonpayment case, she was entitled to claim breach of lease and an interest payment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord should pay prejudgment interest on a fair market rent appeal award that tenant had gotten from the DHCR. Landlord argued that the Rent Stabilization Law didn't provide for interest on fair market rent appeal refunds. The court ruled for tenant. Tenant could still recover the interest payment for breach of her lease. Since tenant had to raise the claim in response to the nonpayment case, she was entitled to claim breach of lease and an interest payment.

200 W. 15th St. LLC v. Nunez: NYLJ, 6/21/00, p. 30, col. 5 (Civ. Ct. NY; Hagler, J)

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