Rent Overcharge Based on 1982 Rent Reduction Order

June 30, 2011

LVT Number: #23448

Rent-stabilized tenant sued landlord, claiming a rent overcharge based on a 1982 rent reduction order. The court ruled for tenant. Landlord appealed and won. Tenant then appealed to New York's highest court, which ruled for tenant. As previously ruled by the court in the case of Cintron v. Calogero, the calculation of a rent overcharge must be made by reference to the 1982 rent reduction order, which remained in effect during the four-year limitation period of tenant's overcharge claim.

Rent-stabilized tenant sued landlord, claiming a rent overcharge based on a 1982 rent reduction order. The court ruled for tenant. Landlord appealed and won. Tenant then appealed to New York's highest court, which ruled for tenant. As previously ruled by the court in the case of Cintron v. Calogero, the calculation of a rent overcharge must be made by reference to the 1982 rent reduction order, which remained in effect during the four-year limitation period of tenant's overcharge claim.

Scott v. Rockaway Pratt LLC: 2011 NY Slip Op 04723, NYLJ, 6/8/11, p. 21, col. 5 (Ct. App.; 6/7/11; Lippman, CJ, Ciparick, Graffeo, Read, Smith, Pigott, Jones, JJ)

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