A tenant can overcome the usual four-year statute of limitations for asserting a rent overcharge because the renovation records submitted by his landlord are "vague," Manhattan Housing Court Judge Jack Stoller (See Profile) has ruled. He found that a stipulation in which a tenant agreed to pay $4,100 in rent monthly to resolve a dispute with his landlord should be vacated because the landlord did not establish how the apartment had gone from a regulated rent of $1,018 in 1997 to its present market-rate rent.
The tenant, Ej Zgodny, initially represented himself against a non-payment action by his landlord, Clermont York Associates, and agreed to the $4,100 rent. Later, after consulting counsel, he learned that his building was part of the J-51 tax abatement program and its units should be rent-stabilized. He moved to vacate the stipulation.
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