Tenant can conduct pretrial questioning on rent fraud claim #25764.

Position:RENT OVERCHARGE
 
FREE EXCERPT

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant asked the court to dismiss the case, and landlord asked the court to strike tenant's counterclaim for rent overcharge. The court denied both requests, finding that there were questions of fact requiring a trial.

Tenant claimed that, when she moved into the apartment in 2008, she was unaware that there was a DHCR rent reduction order in effect. It is undisputed that the rent reduction order was in effect from July 1, 1993, until rent was restored in February 2013. Tenant claimed that her collectible rent should have been $336 instead of $1,400. Landlord claimed that it couldn't be liable for any overcharge that occurred before it bought the building because the building was purchased in a...

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