Tenant Shows Ample Need for Production of Rent History Records

August 28, 2017

LVT Number: #27876

Landlord sued to evict tenant, claiming that her apartment was unregulated. Tenant claimed that she was rent stabilized and asked the court for permission to conduct pre-trial questioning. The court ruled for tenant. Tenant showed ample need for answers to questions, including why there were differences in the legal regulated and actual rent paid for nine years while nothing was recorded in the preferential rent column in DHCR records. This was key to whether tenant's apartment was legally deregulated or was still rent stabilized.

Landlord sued to evict tenant, claiming that her apartment was unregulated. Tenant claimed that she was rent stabilized and asked the court for permission to conduct pre-trial questioning. The court ruled for tenant. Tenant showed ample need for answers to questions, including why there were differences in the legal regulated and actual rent paid for nine years while nothing was recorded in the preferential rent column in DHCR records. This was key to whether tenant's apartment was legally deregulated or was still rent stabilized. Landlord was ordered to produce rent history documents for the period between 1998 and 2010, and the case was adjourned to a later date for settlement, trial, or motion practice.

1916 Persaud Realty Inc. v. Lajar: Index No. L&T 1321/2017, NYLJ No. 1202793829582 (Civ. Ct. Bronx; 7/10/17; Lutwak, J)

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