Trial Needed on Tenant's Overcharge Claim

Tenant sued landlord for fraud and rent overcharge, claiming that he was rent stabilized. Landlord admitted that tenant was stabilized, even though his lease stated that he was deregulated. Tenant asked the court to make a finding of rent overcharge without a trial. The court ruled against tenant, who asked for permission to reargue. Again, the court ruled against tenant. Landlord had registered the apartment as rent stabilized and offered proof that certain rent increases were based on MCI increases. Even if tenant's lease incorrectly stated that tenant was unregulated, that didn't entitle tenant to summary judgment on his overcharge claim. There were questions of fact concerning the legal base date rent that required a trial.

Johnson v. S.W. Management LLC: Index No. 102034/12, NYLJ No. 1202636901483 (Sup. Ct. NY; 10/17/13; Madden, J)