Regina Decision Limits Documents Landlord Must Produce for Overcharge Claim

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response, tenant claimed rent overcharge. Tenant asked the court for permission to conduct pretrial questioning with document production. Tenant also asked the court to authorize a subpoena to the DHCR for rent records going back to 1984.

The court ruled against tenant. Tenant made her discovery request after the Housing Stability and Tenant Protection Act of 2019 (HSTPA) was enacted. But in April 2020, while tenant's request was pending, the Court of Appeals ruled in Regina Metropolitan v. DHCR that certain rent overcharge provisions of HSTPA couldn't be applied retroactively. Tenant didn't claim fraud in connection with the overcharge. So, tenant's request for discovery of rent history records going back more than four years before her claim was raised must be denied.

517 W. 161 Realty LLC v. Vega: Index No. 52581/19, NYLJ No. 1589692546 (Civ. Ct. NY; 4/15/20; Ortiz, J)