720 Riverside Owners Corp. v. Bowen, 2024 NY Slip Op 24052 (2024)

Citation: 720 Riverside Owners Corp. v. Bowen, 2024 NY Slip Op 24052 (2024)
Parent Document: 720 Riverside Owners Corp. v. Bowen, 2024 NY Slip Op 24052 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-02-22
Original Source: https://www.courtlistener.com/opinion/9477736/720-riverside-owners-corp-v-bowen/ ↗

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Finally, in reaching our conclusion on this case, we emphasize that the Code unequivocally requires an owner to furnish the rider (see RSC § 2522.5[c][1]), and imposes penalties for failure to do so (see RSC § 2522.5[c[[3]). In fact, DHCR Fact Sheet # 2 (10/2020) specifies that a tenant who is not served with a copy of the rider "may file [a] form RA-90/RA-90 ETPA" complaint and DHCR "may issue an order directing a refund of any payment inappropriately made plus all penalties otherwise due in an overcharge proceeding." However, in the particular circumstances of this case, the failure to serve the rider, though a violation of the law subjecting the landlord to possible penalties, does not preclude landlord from recovering the [*4]legal rent, given that landlord established at trial how the rent was adjusted from the prior legal rent and tenant had an opportunity to contest landlords evidence (see Sandlow v 305 Riverside Corp., 201 AD3d 418, 419 [2022]). Indeed, on appeal, tenant does not seriously challenge the legality of the $3,100 per month rent.

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