Linstedt v. Monds

• Decision Date: 30 March 1962
• Citation: 225 N.Y.S.2d 988,33 Misc.2d 387
• Parties: Amy Hosten LINSTEDT, Landlord, v. Lydia MONDS, Tenant.
• Court: New York City Municipal Court

Page 988

225 N.Y.S.2d 988

33 Misc.2d 387

Amy Hosten LINSTEDT, Landlord, v. Lydia MONDS, Tenant.

Municipal Court of City of New York, Borough of Brooklyn,

First District.

March 30, 1962.

Frederick M. Douglass, Brooklyn, for landlord.

Edward Ingram, New York City, for tenant.

MURRAY H. PEARLMAN, Justice.

In this summary proceeding for non-payment of rent the landlord seeks to recover rent at the rate of $115. per month for the months of November and December, 1961 and January, 1962.

Although the tenant admitted that she did not pay the rent demanded, she alleges that the maximum rent is $97.75 per month.

Her counterclaims demanded that the landlord repay three times the overcharges of rent demanded, received and retained by her for the two year period immediately past, which totaled $414. at the rate of $17.25 per month; also $300. for the $100. paid by the tenant for repairs to the building, required and necessary because of Building Department violations against the property and landlord, which the tenant alleges amounts to additional excess rents. She also demanded $1,000. additional for counsel fees.

The uncontradicted evidence established that the landlord purchased the property October 7, 1959, which was a legal Class B rooming house of 11 rooms and 3 baths. There was no registration on file for the underlying lease. The tenant never had a written lease but has continuously occupied this building since 1941.

The tenant alleged that she paid a rental of $85. per month from 1941 to 1953 after which she paid $100. per month, after the equalization adjustment. She also stated that she thereafter paid $115. per month because of her friendship with the then landlord. Her testimony indicated that the landlord, from the beginning of her tenancy, was to and did provide and pay for all major and structural repairs and that her obligation for repairs was limited to minor repairs.

Tenant stated that she told the landlord that the maximum rent was $97.75 per month and of the repairs the landlord was to provide, but was willing to pay $115. per month if she received a 5-year lease and 5-year renewal option on those terms. She also claimed that the landlord agreed to execute such a lease and that she continued to pay rent at the rate of $115. per month because of this promise. The landlord then changed her mind and by mesne proceedings unsuccessfully attempted to evict the tenant. The tenant made these Court Records part of the within action.

The record in L & T 943/60, decided by this Court February 10, 1960 (Franklin W. Morton) clearly indicated the tenant claims that the maximum rent was $97.75 per month and that the landlord was to provide and pay for all major and structural repairs.

The landlord, however, continued to demand and received that at the rate of $115. per month and also refused to provide all necessary...