Trial Required on Whether Landlord Properly Charged Rent of over $2,000 per Month

June 30, 2004

LVT Number: 17455

Landlord sued to evict tenant for nonpayment of rent. Tenant's rent was $3,200 per month, and landlord claimed that the apartment was deregulated. Tenant claimed that landlord had collected a rent overcharge. He said the prior legal rent was only $1,040 and that landlord illegally raised the rent to over $2,000 to claim deregulation. Landlord asked the court to dismiss the case. The court ruled against landlord. Landlord appealed and lost. There was a question of fact as to whether landlord legally raised the rent form $1,040 to $3,200 within the four years before tenant complained.

Landlord sued to evict tenant for nonpayment of rent. Tenant's rent was $3,200 per month, and landlord claimed that the apartment was deregulated. Tenant claimed that landlord had collected a rent overcharge. He said the prior legal rent was only $1,040 and that landlord illegally raised the rent to over $2,000 to claim deregulation. Landlord asked the court to dismiss the case. The court ruled against landlord. Landlord appealed and lost. There was a question of fact as to whether landlord legally raised the rent form $1,040 to $3,200 within the four years before tenant complained. So a trial was needed.

B-U Realty Corp. v. Rapp: NYLJ, 6/23/04, p. 27, col. 2 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

Topics

More like this