Tenant Owes Back Rent

November 1, 1998

LVT Number: 12791

Landlord sued tenant for back rent owed over a 25-month period. The court ruled for landlord and found that tenant owed landlord $13,000. Tenant appealed, disputing the amount of rent owed for the period in question. The appeals court ruled for tenant. Since tenant had a pending complaint before the DHCR and the DHCR hadn't yet made a final ruling on what the legal regulated rent for the apartment was, the case was sent back to the lower court with directions to recalculate the amount owed after the DHCR issued an order determining the legal rent.

Landlord sued tenant for back rent owed over a 25-month period. The court ruled for landlord and found that tenant owed landlord $13,000. Tenant appealed, disputing the amount of rent owed for the period in question. The appeals court ruled for tenant. Since tenant had a pending complaint before the DHCR and the DHCR hadn't yet made a final ruling on what the legal regulated rent for the apartment was, the case was sent back to the lower court with directions to recalculate the amount owed after the DHCR issued an order determining the legal rent.

Gonzalez v. Rothweiler: NYLJ, p. 32, col. 6 (10/5/98) (App. Div. 1 Dept.; Mangano, PJ, Sullivan, McGinity, JJ)

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