Tenant's Request for Rent Records Limited to Four-Year Lookback
LVT Number: #30758
Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Initially, tenant and landlord signed a so-ordered settlement agreement. Tenant paid $1,700 and agreed to pay an additional $5,700 claimed due. An eviction warrant was issued.
Tenant later asked for more time to pay, after a marshal's notice was issued, but then added a request to file an answer claiming rent overcharge. Tenant also requested pretrial questioning and document production in connection with her overcharge claim. Tenant sought rent history records dating back to 2011, claiming rent registration inconsistencies as well as issues with individual apartment improvement (IAI) and MCI rent increases dating back to 2017.
The court ruled for tenant in part. Tenant presented no claim of fraud, and the Court of Appeals' April 2020 decision in Regina Metropolitan v. DHCR now limited rent history production to four rather than six years in this proceeding. But landlord must produce records showing whether it spent $60,000 on IAI improvements that would justify a 2018 rent increase over prior tenant's rent.
57 Elmhurst, LLC v. Williams: Index No. 57293/19, 2020 NY Slip Op 20093 (Civ. Ct. Queens; 4/20/20; Guthrie, J)