HSTPA Can't Be Applied Retroactively to Tenant's Overcharge Counterclaim
LVT Number: #30753
Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and asked the court for permission to conduct pretrial questioning. Tenant, relying on the Housing Stability and Tenant Protection Act of 2019 (HSTPA), sought information and documentation dating back to 1983.
The court ruled for tenant in part, based on the Court of Appeals' April 2 ruling in the Regina Metropolitan case. Although tenant met the ample needs test for discovery, and to look back beyond the four-year statute of limitations, any record production was governed by old law and not by HSTPA. HSTPA Part F is effective prospectively only, and not applicable to pending cases. If tenant could convince the court that there was a scheme by landlord to defraud and illegally raise rents, there could be an overcharge finding.
381 E. 160th LLC v. Fana: Index No. 013041/18, 2020 NY Slip Op 20089 (Civ. Ct. Bronx; 4/13/20; Weissman, J)