Tenants Didn't Show Rent Reduction Orders in Effect

December 1, 1997

LVT Number: 11953

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed there were rent reduction orders in effect barring landlord from collecting the rent increases it sought. The court ruled for tenants and dismissed landlord's petition. Landlord appealed, claiming that the rent reduction orders in question didn't apply to tenants sued for nonpayment. The appeals court ruled for landlord. There were rent reduction orders in effect for other tenants in the building, but tenants didn't show that there were any orders in effect reducing their rent. The court reinstated the petition.

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed there were rent reduction orders in effect barring landlord from collecting the rent increases it sought. The court ruled for tenants and dismissed landlord's petition. Landlord appealed, claiming that the rent reduction orders in question didn't apply to tenants sued for nonpayment. The appeals court ruled for landlord. There were rent reduction orders in effect for other tenants in the building, but tenants didn't show that there were any orders in effect reducing their rent. The court reinstated the petition.

Westmoreland Assocs., L.P. v. Kispert: NYLJ, p. 28, col. 1 (11/18/97) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Chetta, JJ)

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