R&E Secures Critical Victory In Rent Overcharge Case: Decision Provides Clarity for Property Owners Following Passage of Housing Stability and Tenant Protection Act of 2019
Rosenberg & Estis 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. The Civil Court of the City of New York ruled in favor of R&E’s 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. The Court 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.” The Court ruled that the four-year rule applied as the previous law was in effect when the court ruled on the claims.