Look-Back Period in Pending Case Extended from Four to Six Years

Tenants commenced a class action against landlord for rent overcharge and improper deregulation of a building receiving J-51 tax benefits. After the Housing Stability and Tenant Protection Act of 2019 (HSTPA) amended the rent stabilization law, tenants asked the court for permission to amend the class definition to reflect the change in the look-back period from four years to six years and to reflect the fact that the J-51 benefits had now expired. Tenants also sought to replace the class lead representative. Landlords, in turn, asked the court to decertify the class and objected to the proposed tenant lead replacement. The court ruled for tenants. An appeals court had already approved the change in the look-back period to a rent overcharge case pending on the June 14, 2019, date when HSTPA took effect. Replacement of the lead class representative also was approved.

Yang v. Creative Indus. Corp.: Index No. 155681/2017, 2020 NY Slip Op 30008(U) (Sup. Ct. NY; 1/2/20; Kalish, J.)