Judge Marcia Sikowitz
Landlord started this nonpayment action seeking $1,272 monthly rent for the rent stabilized apartment. Tenant Delice appeared pro se and entered into a stipulation with the warrant stayed. Now represented by counsel, Delice moved for leave to renew denial of an order to show cause and relief from two stipulations. Tenant’s counsel stated the rent sued for in the petition exceeded the legal rent, Delice was overcharged and the stipulations were based on incorrect arrears. Tenant annexed two DHCR rent reduction orders on the apartment reducing the monthly rent to $658.13, and freezing it at that rate until the reduction orders were lifted, which they have not been to date. The court found only petitioner was aware of the rent reduction order, and was silent on the issue, stating the petition sought monthly rent in excess of the legal rent set by the DHCR. Thus, it granted leave to renew, vacated the prior stipulations entered into by the parties, and granted tenant partial summary judgment on the issue of rent overcharge, dismissing the petition. The court rejected petitioner’s claim it would be prejudiced by having to go to DHCR years after alleged repairs were completed, stating petitioner was solely responsible for any delay in filing for a rent restoration order.
