Amendments to RSL in June 2019 Didn't Change Result of Overcharge Claim Denied in May 2019
LVT Number: #30334
Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there was a fraudulent scheme to deregulate the apartment and rent overcharge and asked the court to dismiss the case. The court ruled against tenant in May 2019 and granted landlord's request to dismiss tenant's claims. Tenant later renewed his claim based on changes to the rent stabilization law enacted by the Housing Stability and Tenant Protection Act (HSTPA) on June 14, 2019.
The court ruled against tenant. The HSTPA didn't change law or facts so as to justify tenant's motion to renew his rent overcharge claim. Tenant's claim was filed prior to the effective date of the HSTPA and wasn't pending when the HSTPA was enacted. HSTPA didn't have retroactive effect, the court had previously conducted a step-by-step analysis of the apartment's entire rent history, and couldn't find any fraudulent scheme to deregulate the rent.
315 Jefferson LLC v. Antonio: Index No. L&T 090364/17, 2019 NY Slip Op 29255 (Civ. Ct. Kings; 8/7/19; Barany, J)