Goldman v. Porges

In Goldman v. Porges (NYLJ, Mar. 28, 1995, at 25, col 1 [App Term, 1st Dept]), the tenants took occupancy in 1989 as the first tenants after vacatur of the rent-controlled tenant and paid an initial rent of $ 1,100 per month. Although the landlord did not file an initial registration pursuant to 9 NYCRR 2521.1 (a) (1) until 1993, the court found that the rent was otherwise lawful but for the lack of timely registration and "the landlord shall not be found to have collected a rent overcharge for the period prior to the filing of the late registration statement" pursuant to Administrative Code 26-517 (e). (Goldman v. Porges, supra, at 25, col 2 .) In Porges (supra) the landlord sued for $ 1,100 per month for the period from May 1992 through May 1993 during which rent was withheld. The court held that since the apartment was not initially registered until June 1993, the rent during the period of the nonpayment proceeding was reduced to $ 171.91 which was the last rent collectible under rent control.