Rosenberg & Estis, P.C. Secures Critical Victory In Rent Overcharge Case
Decision Provides Clarity for Property Owners Following Passage of Housing Stability and Tenant Protection Act of 2019
For Immediate Release
Shea Communications, LLC
George Shea, Mark Faris (212) 627-5766
Rosenberg & Estis, P.C. has successfully represented 400 E58 Owner LLC against a tenant who sought to revive dismissed rent overcharge claims in light of the new rent regulation laws. Judge Francis A. Ortiz of the Civil Court of the City of New York ruled in favor of Rosenberg & Estis’ client, delivering an important ruling that affects owners throughout New York.
The case focused on overcharge claims by a tenant in 400 East 58 Street that were dismissed prior to passage of the Housing Stability and Tenant Protection Act of 2019. Following enactment of this law, the statute of limitations was extended from four to six years, and courts are allowed to consider all available rent history that is deemed reasonably necessary.
Judge Ortiz denied the tenant’s motion to revive the dismissed claims, stating that the recently passed law “relate[s] to claims pending or filed after the effective day of the statute.” Ortiz ruled that the four-year rule applied as the previous law was in effect when the court ruled on the claims.
“This is a critical ruling that provides owners and tenants with clarity on how the new rent law will be applied retroactively by the courts to overcharge claims,” said Neil Dwork, member, Rosenberg & Estis. “In cases when a decision has already been rendered on the overcharge claim, the courts are not going to reopen the issue.”