Landlord ordered to refund $93,000 overcharge #25765.

Position:RENT OVERCHARGE
 
FREE EXCERPT

Rent-stabilized tenant sued landlord in December 2008 for rent overcharge.

A prior landlord had sold the building in 1998 and, by agreement, received a rent-stabilized lease for the apartment at a lifetime rent of $258 per month.

She died in 2005, and tenant moved into the apartment in 2006 under a rent-stabilized lease at a rent of $1,400 per month. Landlord argued that the complaining tenant was actually the first rent-stabilized tenant of the apartment. Since prior tenant had a life estate, she wasn't actually rent stabilized. The court ruled...

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