Appeals Court Sends Case Back to Lower Court to Redetermine Rent Under HSTPA

February 25, 2020

LVT Number: #30668

Landlord sued to evict tenant, who was prior building super, for nonpayment of rent. The court ruled for tenant in 2015, finding that the apartment was rent stabilized and that the legal regulated rent was $1,500 per month as of Nov. 1, 2007. Tenant appealed, and while the appeal was pending, the rent stabilization law was amended by the Housing Stability and Tenant Protection Act of 2019 (HSTPA).

Landlord sued to evict tenant, who was prior building super, for nonpayment of rent. The court ruled for tenant in 2015, finding that the apartment was rent stabilized and that the legal regulated rent was $1,500 per month as of Nov. 1, 2007. Tenant appealed, and while the appeal was pending, the rent stabilization law was amended by the Housing Stability and Tenant Protection Act of 2019 (HSTPA). The appeals court now sent the case back for a new determination of the legal rent and rent overcharges based on the extended look-back period applied to pending overcharge claims by HSTPA. 

Goldman v. Malagic: 66 Misc.3d 135(A), 2020 NY Slip Op 500006(U) (App. T. 1 Dept.; Shulman, PJ, Edmead, J)

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