Trial Required on Tenant's Overcharge Claim

Landlord sued to evict tenant for nonpayment of rent. In his answer to the petition, tenant questioned the amount of back rent owed. Tenant later was represented by an attorney who asked the court for permission to amend tenant's answer based on a claim of a rent overcharge. Landlord charged tenant $110 per week. But the last registered rent was $273 per month in 1992. There was no annual registration filed for the years 1993 through 1997. Landlord argued that tenant shouldn't be allowed to change his answer. After tenant raised the overcharge claim, landlord also filed late annual registrations stating that the rent for the years 1993 through 1997 was $155 per week. The court ruled for tenant, allowing him to raise the overcharge issue. Although review of the rent history for the apartment was limited to the four-year period before tenant made his overcharge claim, there was still of fact regarding the rent actually charged to prior tenant in December 1993. There was no proof that landlord's late registration statements were accurate, and the court was entitled to review other rent records beyond the annual registration statements.

319 West LLC v. Rojas: NYLJ, p. 26, col. 2 (11/4/98) (Civ. Ct. NY; Elsner, J)