Tenants Can Pursue Overcharge Claim Under Six-Year Statute of Limitations

November 21, 2019

LVT Number: #30467

Tenants sued landlord, seeking a declaration that: (a) their apartment was rent stabilized; (b) they were entitled to a rent-stabilized lease; and (c) they had been overcharged. The court granted landlord's request to dismiss the case. Tenants appealed, and the dismissal was revoked. Although landlord showed it was entitled to collect the last registered rent for the apartment of $973 per month in 1998, it failed to comply with the law's rent registration requirements and didn't show what increases, if any, it may be entitled to as a legal regulated rent for the apartment.

Tenants sued landlord, seeking a declaration that: (a) their apartment was rent stabilized; (b) they were entitled to a rent-stabilized lease; and (c) they had been overcharged. The court granted landlord's request to dismiss the case. Tenants appealed, and the dismissal was revoked. Although landlord showed it was entitled to collect the last registered rent for the apartment of $973 per month in 1998, it failed to comply with the law's rent registration requirements and didn't show what increases, if any, it may be entitled to as a legal regulated rent for the apartment. Applying the law as amended in June 2019, the appeals court also ruled that tenants' overcharge claims were timely since they were brought within six years of the first overcharge payment.

Moore v. Greystone Props. 81 LLC: 2019 NY Slip Op 07488 (App. Div. 1 Dept; 10/17/19; Friedman, JP, Renwick, Kapnick, Gesmer, Kern, JJ)

Topics

More like this